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But it's not a lower question I haven't looked specifically at a lower yet as I don't want quote "construction something something" apparently it's actually illegal to have the dedicated lower and all the parts to the upper put together and ready to be pinned together, this is often gotten around by taking out the pins and keeping them seperate im told, so simple!
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Quote History Quoted:
But it's not a lower question I haven't looked specifically at a lower yet as I don't want quote "construction something something" apparently it's actually illegal to have the dedicated lower and all the parts to the upper put together and ready to be pinned together, this is often gotten around by taking out the pins and keeping them seperate im told, so simple!
"Constructive possession" is when you have a collection of parts whose only possible use would be to create an unlawful firearm.
So if you have an AR rifle and a short upper (and nothing else) that
could be considered constructive possession of an SBR.
If you just have the complete lower from a rifle, and a complete short upper (and nothing else) but they aren't assembled, that would be considered constructive possession of an SBR by most courts.
If you have a new AR receiver then it can have any combination of parts around it, because you could assemble it as a pistol. If you have a stock there for another AR rifle you also own, that would likewise be fine. Basically they'd need to be able to prove there was no way you could assemble the collection of parts lawfully (which is different from showing that there's at least 1 unlawful way to assemble them).
If you have any AR rifle, plus a pistol AR (or virgin receiver), in the same place as any number of short uppers then you're good.
If you only have one AR, and it's a pistol, and you also have a stock and barrel for it at least 16" long then you're still good.
You could have an unlimited number of short uppers for it as well.
If you drive out to the range, and you only bring the AR pistol and a stock for it, but have no barrels 16" or greater with you, that could be bad. Don't do that.
But I'm not building a "AR pistol" not quite sure what someone would do with it, like the buffer tube is just jutting out the ass naked
Someone might build a pistol that way if they want to use the same lower as a rifle easily. Just swap for a 16"(+) barrel/upper, and slide a stock on. Then it's equally fast to revert to a pistol.