Hey everyone.  I'm planning on building an M4gery based on a Fab10.  Since it's a Fab10, I can have all the preban goodies like telescoping stocks and flash hiders.  I want to buy a 14.5" barrel with a Phantom flash hider permenantly attached.  My question is, is it legal for me to purchase a 14.5" barreled upper and have it shipped to me BEFORE the flash hider is permenantly attached?  I'd like to take it to a local gunsmith or ship it to a gunsmith myself to have the work done.  Obviously I don't want to take this route if it's going to get me in trouble.  Any thoughts or opinions?

It is ok to possess a short bbl, you just can't mount it on a receiver.  Now if you had the two together, but not assembled, in one place it could be considered "constructive possession".

Thanks for the reply pazzo.  I guess I'll have to have the barreled upper shipped directly to a gunsmith.  Fortunately there are several who support this site that I can choose from.  Thanks again.

"Constructive Possession" is only for machine guns.  There has been a ruling because of Thompson Center Contender a few years back because of the fact that you can have a carbine and a handgun on the same receiver.  So, as long as they are not assembled, you're golden!

Unfortunately, Pazzo is right in that "constructive possession" under the NFA is not only for machine guns. (at least in the 11th Circuit)
The standard is broader for machine gun parts than SBR parts, but see US v. Kent, 175 F.3d 870(1999)
(which is post-US v. T/C (1992) and distinguishes it).

Kent had a complete short barreled upper, unattached, in his apartment, and was still convicted of violating the NFA as possessing an unregistered SBR.

See [url]http://www.ar15.com/forums/topic.html?b=1&f=6&t=235830[/url]
and [url]http://www.ar15.com/forums/topic.html?b=1&f=6&t=237729 [/url], both this board.

Cheers, Otto

Yes, and let's not forget that I'm talking about the PRK here, so who knows what kind of retarded laws I might have to deal with.  Thanks for all the replies everyone.  I appreciate it.

If you are at all worried and think shipping directly to a gunsmith is a viable option then do that.

Yeah, that's what I was planning on doing.  I figured I'd give Adco or Kurt's some business, unless I can find a good 'smith locally.