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Posted: 10/13/2021 10:25:14 PM EDT
How does this work? I’ve read that possession of an upper with a short barrel and a lower that is non sbr non pistol is a felony. Links or advice would be appreciated.
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First of all, what the feds don't know won't hurt them as long as you aren't flaunting it.
Nobody has ever been charged with "constructive possession" alone. It's an upper. Just buy it and put it with your stuff, finish your pistol lower whenever. I swear some of you guys think the ATF has cameras and microphones in your house. If you want to be extra safe, store the short upper in a separate container or closet. |
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You need to read up some more on it. And nothing specific to Texas restricts that.
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Quoted: First of all, what the feds don't know won't hurt them as long as you aren't flaunting it. Nobody has ever been charged with "constructive possession" alone. It's an upper. Just buy it and put it with your stuff, finish your pistol lower whenever. I swear some of you guys think the ATF has cameras and microphones in your house. View Quote I don’t think they have cameras in my house. I know they can access my internet purchases and credit card statements. Paranoia is not a factor. |
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If you bought the upper for cash at the gun show, who would know?
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Quoted: I don’t think they have cameras in my house. I know they can access my internet purchases and credit card statements. Paranoia is not a factor. View Quote View All Quotes View All Quotes Quoted: Quoted: First of all, what the feds don't know won't hurt them as long as you aren't flaunting it. Nobody has ever been charged with "constructive possession" alone. It's an upper. Just buy it and put it with your stuff, finish your pistol lower whenever. I swear some of you guys think the ATF has cameras and microphones in your house. I don’t think they have cameras in my house. I know they can access my internet purchases and credit card statements. Paranoia is not a factor. Lmao if I thought the ATF was combing through everyone's internet purchases and credit card statements looking for NFA violations and then prosecuting them, I'd be even less inclined to comply and that's all I'm going to say. You aren't committing a felony until you've actually manufactured / assembled an SBR without paying taxes. It's that simple. |
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To be safe, I had a pistol lower before buying a short upper. Actually, I had a complete AR pistol first, and then I didn't worry how many extra short AR uppers I had. YMMV
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Just buy a pistol lower as stripped lowers are cheap and everyone should have a pistol lower.
And quit being paranoid |
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Quoted: Lmao if I thought the ATF was combing through everyone's internet purchases and credit card statements looking for NFA violations and then prosecuting them, I'd be even less inclined to comply and that's all I'm going to say. You aren't committing a felony until you've actually manufactured / assembled an SBR without paying taxes. It's that simple. View Quote I assume you have not seen the video of the atf showing up because a man ordered a large amount of filters. |
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Quoted: How does this work? I've read that possession of an upper with a short barrel and a lower that is non sbr non pistol is a felony. Links or advice would be appreciated. View Quote Thats why IIRC it's listed as other on the 4473. |
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Quoted: I assume you have not seen the video of the atf showing up because a man ordered a large amount of filters. View Quote View All Quotes View All Quotes Quoted: Quoted: Lmao if I thought the ATF was combing through everyone's internet purchases and credit card statements looking for NFA violations and then prosecuting them, I'd be even less inclined to comply and that's all I'm going to say. You aren't committing a felony until you've actually manufactured / assembled an SBR without paying taxes. It's that simple. I assume you have not seen the video of the atf showing up because a man ordered a large amount of filters. I have personally purchased over a dozen short uppers, with almost all of them being before I did my first SBR. Nobody is ever going to show up and ask you questions about that dude. If you're this fearful of the ATF I'd suggest you stay away from anything NFA or NFA approximate. |
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Rode the account for an entire year. Your patience might get you a promotion.
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You can buy whatever you want. But yeah putting a shorty upper along with a rifle lower might be playing with fire. Attach them and you got an illegal unregistered SBR. Leave them separate and you're probably ok, but some may argue constructive intent. But who's going to know anyways unless you bring it out to show off or shoot or something. Or you know don't break more laws that get a search warrant and then they find a lower with a shorty upper and put them together and add another charge. Or you could just build a pistol AR and be legal. Or Form 1 your rifle lower to be a SBR to be legal.
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Quoted: How does this work? I've read that possession of an upper with a short barrel and a lower that is non sbr non pistol is a felony. Links or advice would be appreciated. View Quote If not the whole AR pistol might be a problem for you. |
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Quoted: I assume you have not seen the video of the atf showing up because a man ordered a large amount of filters. View Quote View All Quotes View All Quotes Quoted: Quoted: Lmao if I thought the ATF was combing through everyone's internet purchases and credit card statements looking for NFA violations and then prosecuting them, I'd be even less inclined to comply and that's all I'm going to say. You aren't committing a felony until you've actually manufactured / assembled an SBR without paying taxes. It's that simple. I assume you have not seen the video of the atf showing up because a man ordered a large amount of filters. ATF had not shown up at my house, I buy 4 cases of oil filters at a time. |
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The constructive intent argument is nonsense for SBRs where you can legally possess them. It's one thing to say you have constructive intent if you have a shorty upper and no pistol lower and it's illegal to possess SBRs in your area. But even then, you could say you intended on buying a pistol lower. How are they going to prove constructive intent if you simply say you intended to eventually file a form 1 and because you haven't done that yet, you are keeping it separate? I buy stuff all the time that I don't intend to use, sometimes for years. I had a pistol lower for several years before I bought an upper for it. As long as you have a legal pathway forward, I don't see how you can possibly be charged with a crime in non-clown world. In clown world, anything goes, so you better not even buy a 16" upper because guns are icky and constructively possessing them automatically makes you a domestic terrorist or something.
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Quoted: How does this work? I’ve read that possession of an upper with a short barrel and a lower that is non sbr non pistol is a felony. Links or advice would be appreciated. View Quote If you want a solid answer talk to a lawyer, but definitely don't store it together. "Constructive possession" as a charge seems to be an add on when Feds are charging someone with serious stuff already. |
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Quoted: Did those filters happen to look anything like this? I'm going to bet on it. https://ae01.alicdn.com/kf/H2a5d27c16db946edbf9e2cd8adf84b079/R-EP-Aluminum-Solvent-Trap-1-2-28-5-8-24-Fuel-Filter-for-NAPA-4003.jpg View Quote |
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Quoted: How does this work? I’ve read that possession of an upper with a short barrel and a lower that is non sbr non pistol is a felony. Links or advice would be appreciated. View Quote The rules are online at the ATF website. If you can't understand them, I blame your educators. |
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What do you mean "how does it work?"
From a federal statute standpoint, do not assemble a rifle < 26" or with a barrel <16". That's it. From a moral standpoint, do whatever the fuck you want. |
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Quoted: Did those filters happen to look anything like this? I'm going to bet on it. https://ae01.alicdn.com/kf/H2a5d27c16db946edbf9e2cd8adf84b079/R-EP-Aluminum-Solvent-Trap-1-2-28-5-8-24-Fuel-Filter-for-NAPA-4003.jpg View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Lmao if I thought the ATF was combing through everyone's internet purchases and credit card statements looking for NFA violations and then prosecuting them, I'd be even less inclined to comply and that's all I'm going to say. You aren't committing a felony until you've actually manufactured / assembled an SBR without paying taxes. It's that simple. I assume you have not seen the video of the atf showing up because a man ordered a large amount of filters. Did those filters happen to look anything like this? I'm going to bet on it. https://ae01.alicdn.com/kf/H2a5d27c16db946edbf9e2cd8adf84b079/R-EP-Aluminum-Solvent-Trap-1-2-28-5-8-24-Fuel-Filter-for-NAPA-4003.jpg |
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Quoted: PISTOL THREAD! https://www.ar15.com/media/mediaFiles/138374/20200511_121520-1411050.jpg https://www.ar15.com/media/mediaFiles/138374/20191126_214420-1175052.jpg View Quote |
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Quoted: I dig the AK pistol Thx |
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Quoted: so, what do you know about braces and sbrs? https://www.ar15.com/media/mediaFiles/2917/TallLankey-image-20211013-001_jpg-2129124.JPG View Quote OP: SBRs are better Also OP: but guys can you tell me about a SBR upper since I don't have a SBR lower, but they are better even though I don't own one. |
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Quoted: I don’t think they have cameras in my house. I know they can access my internet purchases and credit card statements. Paranoia is not a factor. View Quote View All Quotes View All Quotes Quoted: Quoted: First of all, what the feds don't know won't hurt them as long as you aren't flaunting it. Nobody has ever been charged with "constructive possession" alone. It's an upper. Just buy it and put it with your stuff, finish your pistol lower whenever. I swear some of you guys think the ATF has cameras and microphones in your house. I don’t think they have cameras in my house. I know they can access my internet purchases and credit card statements. Paranoia is not a factor. Even if it was true that it was illegal without a SBR or pistol lower how would they know this isn't going to one ? |
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