Dismantled AR-15 rifle, hundreds of rounds of ammunition seized in East Bridgewater arrest

[teaser452]

In regards to a pistol AR, an SBR and an AR rifle, I’ve wondered about how the authorities would treat this.

Let’s say you have one of each. And then you dismantle them.

They’re like legos. Any lower will accept any upper.

If for example, I have 5 AR15 rifles fully assembled and functional, and then I order a short barrel upper. When I receive the upper, do I now have an unregistered SBR even if I haven’t pushed the two pins in? My understanding is that it would be considered intent. Sort of like just having a drop in autosear and owning an ar15 is considered having a machine gun.

ETA: I am surprised he’s not being jammed up with federal charges too. Maybe they want to keep him local?

 

[ScottS]

According to one of the comments, the parts he bought were listed on Ebay (presumably not listed as being "stolen"). Thats some scary shit when a simple purchase on Ebay results in a visit from ATF.

Been there. Done that. As part of this whole operation. I guarantee that's what snagged this loser.

Got a call on a Sunday morning on 17 March. "This is ATF Special Agent John Doe. You bought a M&P 9 Slide on eBay on xx Feb from John and Mary Doe of East Bumf*** PA. It was delivered yy Feb."
"Uh...yup."
"That slide is stolen, and we need to return it to Federal custody."
Some more back and forth ensues, and at 5:00PM that afternoon--a Sunday, mind you--the guy and his partner show up at my door. Two forms already filled out.
"Sign this one if you just choose to surrender it. Sign this one if you want to file a claim to try and get it back. But, I'll tell you, it's one of ours, so you're not getting it back."
"Here you go. Bye."

Turns out an ATF warehouse in WV was broken into, and a bunch of parts from seized, etc. firearms intended for destruction were stolen by one of the contractors and sold on eBay and other places. It's widely reported on many firearm forums. Lots of egg on ATF faces, and the recovery of the parts was "a high priority." I went back to check the eBay seller where I got mine, and he's got like 10 negs saying things like "The freakin' ATF just showed up to seize this!"

To my surprise, eBay refunded the entire amount, including shipping.

I guarantee that's why the ATF showed up at this guy's door, and dropped a dime on the felon in possession.

 

[amm5061]

If for example, I have 5 AR15 rifles fully assembled and functional, and then I order a short barrel upper. When I receive the upper, do I now have an unregistered SBR even if I haven’t pushed the two pins in? My understanding is that it would be considered intent. Sort of like just having a drop in autosear and owning an ar15 is considered having a machine gun.

That's constructive possession according to the ATF. The way around that is to buy a virgin lower and make sure they put "other" or "pistol" on the 4473. Then stick a pistol buffer tube on it. Problem solved.

 

[ScottS]

If for example, I have 5 AR15 rifles fully assembled and functional, and then I order a short barrel upper. When I receive the upper, do I now have an unregistered SBR even if I haven’t pushed the two pins in? My understanding is that it would be considered intent. Sort of like just having a drop in autosear and owning an ar15 is considered having a machine gun.

In your AR15 scenario, you have no way to make a legal weapon with that upper. That's pretty close to the textbook definition of constructive possession. If you owned everything above, plus a pistol lower, or even a virgin lower, then you have an avenue to a legal weapon for the short upper, and you're home free.

FWIW, a drop-in auto sear (DIAS, or more properly, RDIAS for Registered Drop-In Auto Sear) is a machinegun all by itself, whether or not you own an AR15.

 

[Dennis in MA]

Hell, I still don't understand why a Thompson was never considered a AWB item. You can remove the rear stock and still shoot it. It's not hard to remove or replace. It's not "folding" but damn. It's a whole mish-mash. How about we just arrest guys that break the real laws?

 

[citoriguy]

I wonder what the ATF/MA Staties would say if they saw that I had a MEC 12ga reloader AND a Lee with 5 or 6 different die sets. The humanity!

That said, I'd gladly hold on to the Colt Commander while this goes through the courts.