Posted: 8/7/2016 12:59:58 AM EDT
[#2]
Quote History Quoted:
Close.
First, the term is "constructive possession" not "constructuve intent." Intent has nothing to do with this; it is what parts you actually possess and what can be done with those parts.
Second, in your example, if the rifle had an M4 stock, the pistol had an M4 tube (without stock) and there was an extra M4 stock, then constructive possession would not apply as there would be a legal avenue to use the M4 stock.
However, if the rifle had an A2 stock, the pistol had an M4 tube (without stock), then the M4 stock (only, no extra M4 tube) could be construed as constructive possession, as the only use for the M4 stock would be used on the pistol.
Also, even if the rifle had an M4 stock, the pistol had an M4 tube (without stock), constructive possession could still apply in certain circumstances. If you were transporting the pistol and the M4 stock at the same time and left your rifle at home, then constuctive possession could apply because, during transport, the only way to use the M4 stock, at that time, would be on the pistol. View Quote View All Quotes View All Quotes Quote History Quoted:
Quoted:
I have a question, semi-related to OPs original question. If a person owns both AR15 rifles and pistols, could having a spare stock laying around be construed as "intent" for the pistols?
My understanding is NO because there is a rifle present, as long as there is at least one rifle present it would keep any spare parts for said rifle as being "intent" for any of the pistols also owned. Am I thinking correctly?
Close.
First, the term is "constructive possession" not "constructuve intent." Intent has nothing to do with this; it is what parts you actually possess and what can be done with those parts.
Second, in your example, if the rifle had an M4 stock, the pistol had an M4 tube (without stock) and there was an extra M4 stock, then constructive possession would not apply as there would be a legal avenue to use the M4 stock.
However, if the rifle had an A2 stock, the pistol had an M4 tube (without stock), then the M4 stock (only, no extra M4 tube) could be construed as constructive possession, as the only use for the M4 stock would be used on the pistol.
Also, even if the rifle had an M4 stock, the pistol had an M4 tube (without stock), constructive possession could still apply in certain circumstances. If you were transporting the pistol and the M4 stock at the same time and left your rifle at home, then constuctive possession could apply because, during transport, the only way to use the M4 stock, at that time, would be on the pistol.
Gotcha, makes sense pretty well. All of my spare parts are in a bin, so they aren't traveling anywhere with a pistol ever. My pistols also wear pistol tubes instead of buffer tubes, so I don't think anything could ever be said about it. Thanks
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