What you ask is subject of heated arguments on other forums but in general the BATFE has said that if you have all the parts needed to build a SBR that you could be prosecuted for intent to build a SBR.
With that said, the T/C case shows that it is perfectly legal for a person to build a pistol and then later convert it to a rifle and then back to a pistol.
Furthermore, until a virgin receiver is first built it is neither a pistol or a rifle.
So, if you can argue that you planned to build the kit as a pistol and that if you were not happy with the performace of the pistol as a pistol you were leaving the option open for either paying your taxes and makinga legal SBR or perhaps you wild silver solder a barrel extension to the barrel to make a legal non-NFA rifle...
In that condition, as long as you NEVER BUILD an illegal SBR I would personally find it hard to believe that the BATFE could win a case in a court of law for constructibve intent.
I have a Sten kit as well as a pair of Krink kits and even one AMD-65 kit still... I doubt I will ever build the Sten but the Krinks and the AMD-65 I do want to SBR but I just don't have the $600 to do so now. I am not about to sell my stock or other parts off but if the laws wuld change and I can not get a SBR for some reason then I still have the option to build a legal pistol or a legal rifle.
Like I said on the start, some people will advise that the short barrel with all the parts needed to build a SBR could get you into trouble with the BATFE and I sure am no lawyer so you do need to understand there are some risks. Oh and for what it is worth, I do have an AMD-65 pistol and it is a lot of fun to shoot!
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