Do Components = An NFA Item?

9outof10mms

9outof10mms

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Just wanting to be safe during this transition phase between braces and SBRs...last thing I need is an over-zealous trooper writing me up on a Federal charge.

If I pull a brace off of a pistol's buffer tube, it's a plain ol' AR pistol, right? What if the brace is nearby? Is there a black and white rule about having the components unassembled but that still being considered a no-no?

To put it in plain engrish: I plan to travel south with my firearm that came with a brace (only through 2A "friendly" states). If I have the firearm in a bag, upper and lower separated, and brace removed from the tube, am I on OK ground calling it a "pistol?"

I understand there are wild cards: the AFT flunkie who is now a local cop in the middle of Georgia and wants to make an example of me on the side of the highway. I'm going off of the thought that I can have a "full auto" bolt in an AR but as long as the gun is not configured in full auto setup, I'm OK. So as long as I don't have my pistol configured in a rifle setup, I don't have an SBR. If you were to search the immediate area ranging from 1-inch to a few feet from said pistol, you'll likely find a brace that may fit that firearm's buffer tube. But it won't be assembled in such a manner.
 
Catfish said:
Someone will correct me, but

Constructive Possession is having all the parts with you, and with the only way to assemble those parts being the illegal way.
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Which is why the question. Brace, tube, no SBR, only pistol.

Good question.
 
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The general idea from the ATF is that if you’re in posession of the parts that would make something illegal, that thing is illegal. It doesn’t matter if it’s disassembled or in another bag. As far as the ATF is concerned, braces are the same as a stock now. Your best bet is to just throw that brace in the garbage if you care. If it were me, I’d just leave it at home until all this stuff shakes out in court and travel with a regular format pistol or non nfa rifle.
 
9outof10mms said:
To put it in plain engrish: I plan to travel south with my firearm that came with a brace (only through 2A "friendly" states). If I have the firearm in a bag, upper and lower separated, and brace removed from the tube, am I on OK ground calling it a "pistol?"
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Probably yes, if the gun can legitimately be called a pistol when the brace is removed. But I wouldn't take the risk of running into a LEO who doesn't see it that way. The risk is big, the reward is small.
 
If your really that concerned about it leave the brace with a friend and have them mail it to you. Or mail it yourself to wherever your going.
 
While waiting for my SBR tax stamp, I kept the Roni in my desk at work and my Glock in the safe.
 
Have one SBR with amnesty stamp. Keep all extras for "it"..... certainly not for the other AR pistols .
 
If the brace is now a stock, what is wrong with having spare stocks for your rifle?
If the tube on your pistol is a 6 pos for an adjustable "brace" or dimpled for a blade, you loose that argument

Thus me replacing my buffer tubes with standard pistol tubes.
 
If you’re gonna speak plainly, you’re asking if transporting an unregistered SBR as a box of components makes it legal. The answer is no.

We’re in the “won’t be enforced” window so you probably won’t get prosecuted, but you will probably lose on the side of the road and never get your SBR back because you won’t have had it to register it and later can’t get it transfered.

If you don’t take the brace on the trip you’re much better off, but obviously you want to shoot your unregistered SBR and not a heavy, awkward pistol.

Or leave it assembled, print out the “won’t be enforced” language, close it up in a suitcase and hit the road. Unless you act the fool you’ll be fine and if it does get exposed at least it doesn’t look like you’re trying to get away with something.
 
Troopers can't write you up on federal charges. They are not federal agents. They can pass the info along to the AFT. Yet again, this is why people do not like the police, because they manufacture crime and turn normal people into felons for a piece of plastic.
 
rbell2915 said:
Troopers can't write you up on federal charges. They are not federal agents. They can pass the info along to the AFT. Yet again, this is why people do not like the police, because they manufacture crime and turn normal people into felons for a piece of plastic.
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State law enforcement arrests/detains people for federal crimes all the time, don’t they?

Thinking about it, maybe not, at least it seems that state law enforcement aren’t allowed to enforce immigration laws.

Or maybe there are lots of state laws that mirror federal laws, giving state law enforcement jurisdiction.

I don’t know what I’m talking about.
 
GymB said:
State law enforcement arrests/detains people for federal crimes all the time, don’t they?

Thinking about it, maybe not, at least it seems that state law enforcement aren’t allowed to enforce immigration laws.

Or maybe there are lots of state laws that mirror federal laws, giving state law enforcement jurisdiction.

I don’t know what I’m talking about.
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There's a difference between detaining and charging.
 

Do Components = An NFA Item?​


Yes.

Now shut up and sign for that real Sudafed you need for your cold.

And don't bring a dictionary to school.

Obviously such people are out of control criminals.
 
rbell2915 said:
Troopers can't write you up on federal charges. They are not federal agents. They can pass the info along to the AFT. Yet again, this is why people do not like the police, because they manufacture crime and turn normal people into felons for a piece of plastic.
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Troopers can write you up on state charges which are often the same as or they reference federal charges or in many states are worse than Federal. Why do people think that states dont have their own firearms laws? They do. Most SBR convictions. like the overwhelmingly vast majority, are done at the state level.
 
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wired said:
Troopers can write you up on state charges which are often the same or reference federal charges. Why do people think that states dont have their own firearms laws? They do. Most SBR convictions. like the overwhelmingly vast majority, are done at the state level.
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Yet again if you read my first sentence state troopers are not federal agents and do not have federal jurisdiction. Only state level. So no shit they can charge you in violation of state laws but they cannot at the federal level.
 
rbell2915 said:
Yet again if you read my first sentence state troopers are not federal agents and do not have federal jurisdiction. Only state level. So no shit they can charge you in violation of state laws but they cannot at the federal level.
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Your'e still charged with something for a felony charge. State or Federal ? Who cares? Only difference is the quality of the food in the commisary.
 
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