MP5 pistol and rifle (NFA rules)

[kjhkpro]

I already have a MP5 clone rifle and have both the A2 and collapsible stock. I now want to buy a MP5 type pistol as well, but can I? Since I will have 2 stocks that will fit the pistol? Thanks.

[straightgrain]

Be very careful. If you buy an MP5 pistol and have the components to under your roof to create an SBR, you could be committing what is known as constructive intent. Whether you get charged is up to the disposition of the officer at hand. This is not meant to be legal advice, just an opinion. The caffeine level of the officer, whether or not his/her significant other is providing gratification, your attitude, slow news day... all of these may contribute to whether you get enjoy a tour of the judicial system. Is it worth it to you?

[CZ-75]

That's good advice right there !

Conventional wisdom says that as long as you can assemble all your guns into legal configuration, then you're OK, but that all depends on the enthusiasm level of a potentially over zealous officer who may be trying to make a name for him or her self.

[HKMAN3344]

I asked the same question to a my ATF agent and was told to NEVER have the stock under the same roof. I informed them my stamp should be in my possession in a couple of weeks and the stock I wanted to buy may be gone by then. He informed me that I could purchase but not to have the 2 items under the same roof at any time. I asked could I store at a relatives until my stamp arrived and he said that would be "ok".
As Straightgrain stated! " This is not meant to be legal advice".

[U.S. Praetorian]

.... and if you have multiple SBR's that accept these stocks and multiple rifles that also accept these stocks but are not SBR's and just not happen to be on a gun because you switch them around, then what? To me this is no different than possessing AR lowers that are registered and AR lowers that are not and at the same time having various length/caliber short barrel uppers that are not mated to a registered lower. As long as there are no short barrel uppers on a non registered lower and non registered lowers have their 16 in. or greater uppers you may posses these. This is written advice from my attorney who is also an NFA attorney.

[kabob]

I just make sure I don't do anything to have the cops come to my house, haha. Right now I've got my UMP conversion and a 2nd barrel waiting for Form 1 approval to SBR it.

[scottinthegrove]

I just make sure I don't do anything to have the cops come to my house, haha. Right now I've got my UMP conversion and a 2nd barrel waiting for Form 1 approval to SBR it.

So what if you have a fire or medical emergency at your house? You going to drag the collapsed person next door so no one will see the 2nd barrel? My life, at least, is that way. Things that I thought would never happen have. So I don't own items until I can legally. Hoping that know one will see it with the possibility of 10 years per count doesn't seem like a good idea to me. But that is just my opinion. My understanding is if you only own rifles and you purchase a barrel that style firearm which is less than 16" you could be charged. Now if you had a new receiver that wasn't built or a pistol that could use the barrel would be a different story.

I have 14 roller locked pistols, (with five more on the way) one converted 94 SBR and a Title I rifle to go with my Fleming sear. I keep the extra stocks and vertical foregrip with my SBR. The pistols I keep separate from the stocks, unless I install the sear. If you store the extra stock with the rifle and separate from the pistol, I'd think you'd be okay. Of course this advice is worth what you paid for it. Do some research and decide for yourself. YMMV.

Scott

[sweersa]

I do everything with the assumption that someday agents will raid my belongings and see if any of my firearms are illegal. This actually happening is highly unlikely, but it keeps you out of trouble in the event it does occur.

Even if you could fight it in court, it's not worth the trouble. No matter how ridiculous gun laws and their interpretations by the BATF are, it's always best to be 100% compliant.

[jdonovan]

you are fine.

The place where you get into trouble is when the parts in your possession have no possible assembly configuration other than a non-registered SBR.

If you were to dispose of the rifle, make sure all shoulder stocks left your home as well.

[straightgrain]

.... and if you have multiple SBR's that accept these stocks and multiple rifles that also accept these stocks but are not SBR's and just not happen to be on a gun because you switch them around, then what? To me this is no different than possessing AR lowers that are registered and AR lowers that are not and at the same time having various length/caliber short barrel uppers that are not mated to a registered lower. As long as there are no short barrel uppers on a non registered lower and non registered lowers have their 16 in. or greater uppers you may posses these. This is written advice from my attorney who is also an NFA attorney.

Then you are likely good. But what you describe is NOT what the OP described. Having a legit and registered SBR on hand is an insurance policy. The OP specifically said that he was talking about a *pistol* and having A2 and A3 stocks from rifles. I'll clarify my comment: If those stocks are all attached to Title I guns, then I doubt there would be an issue, unless the cop had a really bad day. The problem magnifies when the stocks are just there as parts. On the rifles, the intent is clear. As parts, it is hard to be precise about what the intent is and it becomes easy for constructive possession to rear its ugly head.