Question re: ATF and SBR parts on hand

Here’s the website:
https://www.deserttech.com/micron.php

Cursoring down, taken from the website:

"## Legal Notes

An SBR Tax Stamp is not required to purchase the Micron kit but will be required if the kit is installed on a chassis. It is the responsibility of the end user to comply with all state and federal regulations concerning SBR rifles."

OK, now the question. I thought it could potentially get one into major kimchee if one had parts on hand to convert a (in this case) rifle into a SBR without having the tax stamp in hand. But here a company is telling folks to do just that. They’ve been putting that advice into videos too.

I don’t plan on doing any more business with DT, but what’s going on? Is it OK to have the parts on hand or not?

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not much different than these company’s that sell suppressor and machine gun kits with a wink, they just want your cash, for that matter, your purchase history may be worth something as well :man_shrugging:

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So basically what I thought? They just want the $ and let the buyer beware? AKA it’s up to you to fight it out with the ATF if caught?

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How well do you figure these sell to class 3 holders

And if these are for legit builders why list as flashlight bs

I wasn’t even comfortable on their email list and unsubscribed

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:slight_smile: I almost bought one of those “flashlight” kits to extend the muzzle blast beyond the carbon fiber handguards on a handgun build. But I wouldn’t have had any innards or an end cap on hand, not even threaded for an endcap. Yeah, they just look like potential legal problems to me.

Thanks. It’s about what I thought about the micron. I have a MDR and DT was a crappy outfit to deal with. They just went up another few notches on my scumbag meter.

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Thanks for the link.

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This seems to be the real question. It’s about risk management.
If you’re thinking about something just for fun, then you have to weigh fun against the risk of getting caught and by whom. Will your local LE jump to arrest you? Might depend on where you live.

If you’re considering something that you may truly need to save the life of you and your family, then that changes the balance a bit, or a lot.

So it depends. Fun may be good enough for some things. But I’d rather be in trouble than dead.

At least for the time being.

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Yeah, you can probably own this legally without an SBR stamp.

However, if you own one of these, and you also own a non-SBR rifle, then you may be charged through the ATFs concept of “constructive intent”.
Not worth the gamble in my opinion.

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Comanchero, thanks! That’s the wording the ATF uses, constructive intent.

I’ve always been extremely careful, just in case. Making sure I had my tax stamp before buying parts, etc,

I don’t intend to do it at all even if I thought I could get away with it (see previous paragraph). Other reasons too. #1, it’s far too expensive to buy for my MDR. #2, having dealt with them in the past they won’t see another $.01 of my money. #3, it’s not in .300BLK where IMO that short barrel would be under no velocity (energy) handicap. #4, after getting screwed over by DT I built a AR handgun in .300BLK and I’m quite happy with it so I don’t need to have something that can get me in trouble on the premises.

But if someone does as they suggest, buys it and then gets charged would the victim be able to sue DT for crappy legal advice? Or in the current climate would ATF go after DT with some legal mumbo jumbo? I know that I’m not going to be the test case. I hope that the potential buyers are smarter than to believe their website.

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Not even going to click the links!

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For all those worried about “parts on hand”. If you have an AR pistol and a rifle, you have “parts on hand”. Nothing stopping you from putting a short upper on a rifle lower. If you’re an AR hobby builder, you have “parts on hand”. Nothing stopping you from taking off your adjustable arm brace and replacing it with an adjustable shoulder stock. If any government agency wanted you in a holding cell, they’d do it, even if they have to make something up. If you want the parts, get em and quit worrying about permission. If they can be legally sold, they’re legal to have. Just don’t waste any time applying for the stamp.

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What you write is true, but assembled firearms are one thing, it’s also not germane to the discussion. What was being asked was about parts that only fit one firearm, can be put on in a handful of minutes and there is no other firearm that they will fit, just loose parts with only one purpose. Something similar has gone through the court and the defendant lost. ATF came up with a stretch and called it “constructive intent”, as Comanchero wrote.

Personally I see no problem with it, but ATF does and there is a court decision to back ATF up. I would ask them to prove that I don’t have intent to get a stamp and turn the rifle into a SBR but just haven’t gotten around to it, so yes, I do have the intent to construct sometime in the future. Might take me a few years to get around to it though. But I don’t want to be the test case. To me it’s not worth the $100k+ in court costs to fight the go’vermin that has unlimited funds to eff me over with just to have a few parts on hand. No one is denying that the parts can’t be purchased and possessed, obviously they can be.

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