Constructive Possession and Pistol Braces - Ammoland.com

 U.S.A. — After having ruled pistol braces to be legal accessories for a decade, the ATF has issued a rule many, if not most pistol braces, will be considered contraband, which makes a pistol into a short-barreled rifle. Under the theory of “constructive possession”, possession of a banned pistol brace and a pistol the brace will fit could be enough for arrest and conviction of possession of a short-barreled rifle, with penalties of up to a $10,000 fine and or up to ten years in prison.

Under the Supreme Court decision United States v. Thompson/Center Arms Co., the possession of parts that can be assembled into a pistol, a rifle, or a short-barreled rifle does not equate to the possession of a short-barreled rifle because of the rule of lenity and the ambiguity of the statute. The case was decided in 1992.  You may convert a pistol to a rifle and back again. However, the ATF has ruled you may not convert a rifle to a pistol and back again.  From the decision:

Respondent manufactures the “Contender” pistol and, for a short time, also manufactured a kit that could be used to convert the Contender into a rifle with either a 21-inch or a lO-inch barrel. The Bureau of Alcohol, Tobacco and Firearms advised respondent that when the kit was possessed or distributed with the Contender, the unit constituted a “firearm” under the National Firearms Act (NFA or Act), 26 U. S. C. § 5845(a)(3), which defines that term to include a rifle with a barrel less than 16 inches long, known as a short-barreled rifle, but not a pistol or a rifle having a barrel 16 inches or more in length. Respondent paid the $200 tax levied by § 5821 upon anyone “making” a “firearm” and filed a claim for a refund. When its refund claim proved fruitless, respondent brought this suit under the Tucker Act. The Claims Court entered summary judgment for the Government, but the Court of Appeals reversed, holding that a short-barreled rifle “actually must be assembled” in order to be “made” within the NF A’s meaning.

Held: The judgment is affirmed. 924 F.2d 1041, affirmed.

The case of AR15 pistols, rifles, and short-barrelled rifles is directly comparable. Remove the upper receiver, containing the barrel, from the serially numbered lower receiver of an AR15 pistol. Replace the short-barreled upper receiver with an upper receiver with a barrel longer than 16 inches. Attach a stock to the lower receiver. A legal rifle has been assembled. No NFA laws or rules have been broken.

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