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Constructive posession question

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Suppose one legally owns both an AR rifle and an AR pistol. Then, the AR pistol lower receiver is sent away for repairs. Since the AR pistol lower is no longer in possession, but the pistol upper is compatible with the AR rifle lower, would this count as constructive possession of an SBR?
 
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You're welcome...

BTW, who sends out an AR15 lower "for repairs"?????
Hahaha..it made me laugh too :) I was actually thinking of getting some custom work done on it, so repairs may not be the best word choice, but it would make no difference from a legal perspective.

I guess I'm more curious if there has been any precedent or clarification that we can use to understand the boundaries of constructive possession...if the pistol lower is right next by to the pistol upper, obviously it doesn't count, but what if it was in the next room of the same house, or what if it was owned, but stored in a different location, etc
 

Golddiggie

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Why are you even thinking about this??? If you live in a free state where you can have an AR15 pistol without going through INSANE measures, it's not an issue. IF you have LEO's coming into your place and looking at those things, YOU'VE GOT BIGGER ISSUES!!

If you're really all twisted up around this, why not just get a new lower, have the 'customization' done on that and swap it out for the one you have. OR, build it up as another pistol lower and have two.

One of my back burner projects is to build up an AR10 pistol (no more than a 12.5" barrel, thinking 10"). It will be a bigger bother to my AR15 pistol build.
 
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Why are you even thinking about this??? IF you have LEO's coming into your place and looking at those things, YOU'VE GOT BIGGER ISSUES!!
For the same reason that I would never replace an arm brace with a stock on an AR pistol. The chances of getting caught may be slim, but life is unpredictable, and it's not worth taking the chance. I'll abide by every law, even when the laws are idiotic and annoying...because it lets me sleep soundly knowing that if they ever did search my premises, they would not find anything illegal.

If you live in a free state where you can have an AR15 pistol without going through INSANE measures, it's not an issue.
My question is equally relevant to all states, because SBR's relate to the NFA, not a state law.
 

Uzi2

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For the same reason that I would never replace an arm brace with a stock on an AR pistol. The chances of getting caught may be slim, but life is unpredictable, and it's not worth taking the chance. I'll abide by every law, even when the laws are idiotic and annoying...because it lets me sleep soundly knowing that if they ever did search my premises, they would not find anything illegal.



My question is equally relevant to all states, because SBR's relate to the NFA, not a state law.
If they ever search your place and want you bad enough, THEY'll PLANT SOMETHING ILLEGAL.
 

Chevy 2 65

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For the same reason that I would never replace an arm brace with a stock on an AR pistol. The chances of getting caught may be slim, but life is unpredictable, and it's not worth taking the chance. I'll abide by every law, even when the laws are idiotic and annoying...because it lets me sleep soundly knowing that if they ever did search my premises, they would not find anything illegal.



My question is equally relevant to all states, because SBR's relate to the NFA, not a state law.
Just like the 2A. But yea
 

MAJoe

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If you're really worried, have a non-AR-owning friend hold onto the upper. An upper is not a firearm and if the friend doesn't have a lower to slap it on, shouldn't be an issue for them either.

I don't believe any states in New England would control any components for an upper receiver.
 
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...would this count as constructive possession of an SBR?
Do some research regarding the prosecutorial use of "constructive possession" in MA case law. I believe it will ease your concerns. However, what is most often suggested as a solution isn't really a solution at all.

 

drgrant

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Hahaha..it made me laugh too :) I was actually thinking of getting some custom work done on it, so repairs may not be the best word choice, but it would make no difference from a legal perspective.

I guess I'm more curious if there has been any precedent or clarification that we can use to understand the boundaries of constructive possession...if the pistol lower is right next by to the pistol upper, obviously it doesn't count, but what if it was in the next room of the same house, or what if it was owned, but stored in a different location, etc
The sample rate of these prosecutions (eg, based strictly off something like constructive possesion) is so low that trying to infer any kind of consistency on how the law is enforced is literally a crap shoot at best.

No matter what you decide the best idea is to just avoid "doing the thing that gets/attracts the waffen SS into your life in an unwanted way" to begin with.

If you're afraid of your own shadow then you might want to put some money on the barrel for a phone consult with an NFA attorney. A decent one will give you reliably safe guidance although they're also likely going to temper
it with reality- EG something along the lines of "this is what I strongly believe, but even in saying that, there are no guarantees." Or just simply not do whatever it is you were planning on doing to
begin with. No offense, but the fact that you came here and asked this, while a good thing (asking questions is good) is also a sign that you might not be mentally prepared to deal with stuff like this that frequently involves
what I would call "big kid rules". That doesn't necessarily mean breaking the law- it just means doing the research and making realistic risk assessments for whatever it is you want to do.

I realize I'm preaching to the choir here, but I also want to take a moment and reflect on the fact that this thread even existing is kind of sad- EG, our rights are so f***ed up by piles of shitty
gun laws, that someone needs a 100 page schematic on how to dissect the law....


-Mike
 
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