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10.5" Barrel possession
- Thread starter rkwjunior
- Start date
I'd ditch the lower, and any other AR's in the house. It gets into a concept known as constructive possession.
In theory the lower isn't a "gun" til it is capable of accepting an upper, but the JBT's are not going to care about that
In theory the lower isn't a "gun" til it is capable of accepting an upper, but the JBT's are not going to care about that
If it is just a barrel and not a complete upper I wouldn't lose any sleep over it. Even without a Form 1 you could be putting a break on it 5.5" break on it. Having it in a pile of AR parts is fine, I wouldn't keep it n my range bag.
what he said, constructive possession would be likely one of the secondary charges they would want to nail you with. Just don't make it too obvious.
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constructive intent? IANAL and personally dont care about such things.
Its fine just don't keep a 10.5 built upper right next to a built lower.
Under Federal law, the short barrle is legal if you bought the receiver as "other", and don't have a stock; you can even build it out as a pistol while you're waiting on your Form-1. Probably not OK in MA.
The reason i ask is because i found someone selling the barrel and i don't want to pass up a good deal. I figured if i bought it now i'd sit on it until i got the form 1 approved.
I know i've heard that if someone possess's the parts for the makings of a machine gun they can charge u with Contructive possession, is this so for an SBR build??
I also would be purchasing the barrel to be installed on my existing 16" upper, so i would have to have a gunsmith do the job for me, or unless i feel i can do it myself.
I know i've heard that if someone possess's the parts for the makings of a machine gun they can charge u with Contructive possession, is this so for an SBR build??
I also would be purchasing the barrel to be installed on my existing 16" upper, so i would have to have a gunsmith do the job for me, or unless i feel i can do it myself.
True. But if you also have a ar rifle you could be in for it. If you are building a sbr keep the barrel ELSEWHERE JIC!!! If you get caught and they decide to go after you you will wish you had.
The important thing is to not be found with a collection of parts that can only be assembled into an unlawful configuration.travis said:
True for FA, in part because there's no possible legal configuration for new full auto parts. In nearly all states, it is legal buy a receiver as "other" and build it into an AR pistol with your 10.5 barrel, then after the Form-1 is approved, reconfigure as an SBR with that same lower. Massachusetts state law is another subforum entirely.
Buy the barrel, drop it off with somebody in a non-AWB state. Plenty of gunsmiths in NH who can assemble the short upper for you and hold it until you get your Form-1. I'll hold it; all my lowers are "other".
Does that mean I cannot own a rifle and a hacksaw?
If you ask the BATFE, you'll probably get a letter saying exactly that, then 3 years later they will change their mind. Just like the infamous shoestring.
Ok I am in DEEP doodie then because I have 2 brand new m16 lower parts kits in my drawer!!!
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I would take the barrel to work or a friend home until the stamped form one is in hand.
So true. Having a hacksaw and a long gun depending on who may have told the ATF what might just get you locked up. IE chatting at a party about how easy you can take you're hacksaw to you're Remmy 870 and make a short shotgun. The ATF uses constructive possession as a tool to get those who are hard to catch in the act. Better safe then sorry. While I completely agree the chances of getting into trouble for having a 10 inch barrel and a ar are very slim that is a risk I myself would not want to take nor woudl I recommend to others to take.
You could build it into a pistol and not install the gas system legally. Run it like a bolt and not worry about any AWB BS.
Say you have an approved Form-1 in hand in MA. My assumption is that whatever you build must still be MA compliant (conforming to the MA assault rifle ban). I'm thinking that just because the Feds say you can build a short one (under 16")--you still couldn't violate State law by having bad features on it like a threaded barrel, collapsible stock, bayo lug, etc., if you already had the AR mag well and pistol grip. I could be wrong, but I don't think so.
F
Finalygotabeltfed
Amazing!
A Barrel? ![[thinking]](/xen/styles/default/xenforo/smilies.vb/010.gif "Thinking [thinking]")
Can someone show me the case law for constructive possession of an SBR merely by having the parts to build it? I'd love to see how that panned out. You might have a credible argument WRT constructive possession if there was a fully assembled upper and an unmated lower in the house and the gun was a couple of pin pushes away" from existing... but otherwise....
-Mike
Can someone show me the case law for constructive possession of an SBR merely by having the parts to build it? I'd love to see how that panned out. You might have a credible argument WRT constructive possession if there was a fully assembled upper and an unmated lower in the house and the gun was a couple of pin pushes away" from existing... but otherwise....
-Mike
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A Barrel?
Can someone show me the case law for constructive possession of an SBR merely by having the parts to build it? I'd love to see how that panned out. You might have a credible argument WRT constructive possession if there was a fully assembled upper and an unmated lower in the house and the gun was a couple of pin pushes away" from existing... but otherwise....
-Mike
Ok read here. http://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-2011-4.pdf
However, the Court also explained that an NFA firearm is made
if aggregated parts are inclose proximity such
that they: (a) serve no useful purpose other than to make an NFA
firearm (e.g., a receiver, an attachable shoulder stock, and a short barrel); or (b) convert a
complete weapon into an NFA firearm (e.g., a pistol and attachable shoulder stock, or a
long-barreled rifle and attachable short barrel).Id.at 511-13.
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There's a section in the NFA faq stickied in this subforum that covers this issue, depending on how you read the law it can go both ways. Obviously the pant wetter default is that the AWB always applies regardless of the fact that an SBR is clearly not a Rilfle or Shotgun under MGL.
-Mike
