I have an AR15 18" rifle. I also have a 300BLK 9.5" Pistol with a clearly pistol buffer tube (HexOne). I am also building a separate 9.5" 22LR upper for the pistol. Would it be stupid to head off to the range with all this in tow? As one of the pistol uppers could be placed on the rifle lower and construed as a sbr? Just carry either rifle or pistol w 2 uppers separately? Or rifle and pistol with only one or the other pistol upper? Or never carry rifle and pistol at same time?
    Dang these laws are so silly.
  End the NFA...MAGA!

It shouldn't be a problem.

Has long as you have at least one Pistol Lower, you have a way to create a legal configuration.

There is nothing that says you need to have One Pistol Lower for Every Upper with a barrel that is less then 16 inches.

Of course... you could still run into some "know-it-all" idiot at the range who doesn't actually know it all.

Your fine as long as you have a legal configuration. The law expects you'll do the right thing.

What he said. Liberty sides with the defendant.

Try never to think the way of what you're  doing could be seen as wrong.  That's more likely to get you in trouble then being blissfully unaware and shocked at the idea that something could be used for evil.

There use to be a story about a female reporter interviewing a general or something about gun control and she makes a statement like "Why does anyone need so many guns, ability to hold so many rounds, unless they were going to do bad things?" The general answered "well with that logic you're a hooker. Just because you have the right parts and the ability to be a prostitute means you are a prostitute according to you."

I always liked that anecdote.

Intent is a vague term and in court can be difficult to prove. Having a legal pistol lower and a rifle lower, removes intent as long as you have at least one rifle upper and one rifle lower. Now if you had a pistol and rifle lower but only pistol uppers, that is intent as you have 2/3rds the parts to make an illegal weapon. It's the same as using a carbine buffer on a pistol and having a stock to attach but no other weapon to attach the stock to ie: a rifle/carbine. So long as you don't configure an SBR without a stamp you're set. Now if you were to sell the pistol (one upper and the lower) and yet keep the rifle and a pistol upper, that is technically intent.

No such thing as "constructive intent". A jury might be swayed one way or the other as to the nature of your "intentions", but intent has nothing to do with the letter of law regarding guilt or innocence -- with your parts collection, you have either "made" an NFA firearm or you have not. And it's not whether you can make an illegal config, but whether you can also make an legal one.

The test is simple (also simple to stay in compliance):

".. an NFA firearm is made if aggregated parts are in close proximity such that they ...  serve no useful purpose other than to make an NFA firearm (e.g., a receiver, an attachable shoulder stock, and a short barrel)..."

- OS

The term you are looking for is constructive "possession" not intent.

In order to be convicted, you would have to have all the pieces to construct an illegal weapon, without a legitimate other use for said pieces.

If you have a legal use for every piece, then you are safe from constructive possession.

One notable case of recent origin (short version): Gun owner had two firearms  broken down in one case, a rifle and a pistol both AR's. Subsequent to an investigation the police took possession of his vehicle and the weapons, which were delivered to the property room. The officers on duty assembled them into an illegal configuration, then took pictures, which they sent to the local ATF agent. Owner was prosecuted, his lawyer was lacking in knowledge how to defend this and they lost the case.

It was a train wreck but it goes to show it "could" happen. That the cops were dumping on a fireman has no real point other that to explain the malicious intent on their part.

Keep your weapons in a legal configuration - especially the pistol - and be more worried about some know it all at the range who thinks they work pro bono for the ATF. And as for range shooting, we had someone shot on the firing line at a local range in Neosho, MO. That is to be considered a higher risk than what gun you have. Don't let anyone behind you touch, handle, or manipulate any firearm ever while shooting in front of the bench. (Yes, we do that on a 25m range when you walk down to the 7 or 10m line to shoot the targets.)

Worry about the other guy, not the ATF trolling ranges and for the most part you will have a fun, safe, and happy day.

What "investigation"?
Why would the police "take possession of his vehicle and the weapons"?

Sounds like he had done something else to draw the attention of the cops.  And then the cops looked for anything else they could charge him with (which is common LE behavior).

Personally, I don't want any hassle, so I don't leave the house with a less-than-16" upper unless it's attached to a pistol lower. May be overkill, but that's just the way I like to do it. Now, I might carry a rifle to the range too, but that short upper is always married to the pistol lower.

Can you post the state and state case number I would love to read about it, just for my own personal knowledge.

Boy I am sure glad I don't have to go to a public range to shoot my guns!

Was all over this board.  Started as a road rage incident, other guy lied to popo, our guy had a shitty lawyer.