Can anyone (or maybe that should be any Class 3 FFL?) add the SBR designation? I thought this was done by the manufacturer "at birth" and could not be changed.
In any case, what we see here is a case where the law is way too difficult to follow even for those who try. It would be even more difficult to enforce, as it would require proof of the lower's designation. If you add intent to the mix, it will be so darn complicated that even the most hardened ATF agent would realize that it's beyond ridiculous. The most difficult thing in a case like that would probably be to educate and convince the jury that this is actually how the law is written:
"So this stripped lower is a pistol, this one is a short barreled rifle and that one is a long barreled rifle?"
"Yep, just read this 24 page investigation and you will see that the serial numbers say so!"
"But they look exactly identical...?"
"Nope, they have different numbers!"
"So how would you know if you buy one at a show, or on a local ad?"
"That's not our problem, is it?"
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