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"Constructive possession" issue? enlighten me... SBR vs. Pistol "AR" Login/Join 
Rock Paper
Scissors
Lizard Spock
Picture of James in Denver
posted
I have 2 or so ARs with 16+ in barrel's (true rifles) and I have another 2 or so ARs that are configured as a pistol (built as a pistol, have brace and 11.5" barrels). ALL IN 556.

HOWEVER, I have 2 more "short" uppers in 300 BLK, 10.5". Neither of these are attached to a lower. They ARE kept in the same cases as the AR pistols (one FDE and one black, as an FYI).

I do NOT have any unbuilt lowers, all lowers have an upper on them.

While it is clear to the "common eye" that the 300BLK uppers are "matched" to the pistol lowers, does the fact that I don't have them attached constitute a "constructive possession" issue from a regulatory (i.e. ATF) standpoint?

Thanks for any advice!

James in Denver


----------------------------
Robert Heinlein – Starship Troopers – Chapter 2
“Violence, naked force has settled more issues in history than has any other factor. And the contrary opinion is wishful thinking at its worst.
Breeds that forget this basic truth have always paid for it with their lives … and freedoms.”
 
Posts: 4412 | Location: Colorado | Registered: August 24, 2009Reply With QuoteReport This Post
Member
Picture of CandyMan.45
posted Hide Post
Your 2 or so pistols covers you just fine. Now if you didn't have those and had them... then yes you could have a problem !
 
Posts: 1141 | Location: The Edge of Nowhere... | Registered: April 05, 2013Reply With QuoteReport This Post
Rock Paper
Scissors
Lizard Spock
Picture of James in Denver
posted Hide Post
Thank you!

To add (since this is the "Suppressed Weapons" forum section), I just bought my first CAN, a 30 cal direct thread that will be on one of the uppers to be used with the pistols.

Thanks!
James


----------------------------
Robert Heinlein – Starship Troopers – Chapter 2
“Violence, naked force has settled more issues in history than has any other factor. And the contrary opinion is wishful thinking at its worst.
Breeds that forget this basic truth have always paid for it with their lives … and freedoms.”
 
Posts: 4412 | Location: Colorado | Registered: August 24, 2009Reply With QuoteReport This Post
Member
posted Hide Post
Constructive intent is one of those internet bogeymen that everybody talks about or knows a guy who's seen, but never themselves.

I am NOT condoning being careless or reckless or cute with the law, but I think it's a fear that is tremendously and constantly overblown. Got a lower, a full auto parts kit, an auto sear hole jig, and a drill press on your bench? You're probably asking for it. Own a couple built uppers and a couple rifles? I simply can't fathom the set of circumstances where that becomes an issue. Not anymore than owning a VFG and a Glock equals constructive intent to make an AOW.
 
Posts: 2901 | Location: Iowa | Registered: February 24, 2011Reply With QuoteReport This Post
Military Arms Collector
Picture of darkest2000
posted Hide Post
It has more to do with intent that is beyond a reasonable doubt, than simply what parts you have physically laying around.

Otherwise, as pointed out above, simply owning a VFG and any pistol equipped with an accessory rail (which most are nowadays) would be enough for a conviction. You can go as far as argue that even if one simultaneously own at least one AR pistol and an AR rifle, there's nothing stopping him/her from swapping the uppers for an instant SBR. Doesn't take much to push a couple of pins.

Wouldn't make much sense if the laws can be interpreted in such manner.
 
Posts: 10628 | Location: Orange County, CA, USA | Registered: March 18, 2003Reply With QuoteReport This Post
Sigforum K9 handler
Picture of jljones
posted Hide Post
quote:
Originally posted by DaBigBR:
Constructive intent is one of those internet bogeymen that everybody talks about or knows a guy who's seen, but never themselves.


This. Just don't do it while sitting on a pallet of cocaine, and you'll be fine.


_______________________________________________________________________
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"Make it a shooting, and not a gunfight" LSP552 02/19/2011



 
Posts: 32880 | Location: Logical | Registered: September 12, 2004Reply With QuoteReport This Post
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