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View Full Version : Need some Pistol/SBR/Constructive Possession Clairifcation


johnny mac
12-30-2009, 3:52 PM
I have an NFA trust with NFA items stored out of state. I will be moving out of state myself shortly, but there is a SLIM chance that I will come back someday. I have an AR that is SBR's on a Form 1, and I was going to buy an AR pistol in CA, but now I think I will wait. If I buy a pistol and SBR it, can I change it back and forth between rilfe, SBR and pistol, or does an SBR have to have a stock? If I buy the pistol out of state and then return to CA to visit, can I configure it as a semi-auto with a fixed 10 round, or does it have to be single shot for me to bring it in, even as a private owner(with LE credentials)? If the pistol is no longer able to be a pistol after it is SBR'd, the rest of this won't matter, but assuming that I can still configure it as a pistol without running afoul of the ATF, could I have the rifle with 16" upper and fixed mag, the pistol with short upper and fixed mag, and a spare short upper or two in the same safe, or would I be getting perilously close to "constructive possession" with either CA, ATF or both? I have a copy of the letter from ATF regarding SBR's with 16"+ uppers, and I have been told by CA DOJ that they only care about "features", not SBR registry, so I SHOULD be covered, but if anyone sees any faults in my reasoning that could put me in jeopardy, please point them out.