does constructive intent work both ways ?

[ARCHIVED THREAD] - does constructive intent work both ways ?

Posted: 7/20/2010 6:10:44 PM EDT

Talking ARs here - we all know we are at risk of prosecution for an unregistered SBR if you had a rifle lower and a short upper, based on the assumption that you could put the two together and have a SBR.

Let's say you have a rifle lower with a short upper sttached. The gun isn't a registered SBR... BUT you have a RDIAS in your pocket.

If you had an auto sear and a rifle, they'd prosecute based on your intent to put the auto sear in the rifle.... But in this case if you did that, the MG status would trump the unregistered SBR (since it is a MG, not even a SBR)?

Yea/nay ?

Posted: 7/20/2010 6:25:29 PM EDT

[#1]

Nay.

According to NFA Branch, if you have an autosear in your pocket and an otherwise-assembled host with a barrel under 16" you are in constructive possession of an unregistered SBR. Over the years, they have written many letters advising autosear owners that, if they wish to remove the autosear, they must first remove the sub-16" upper and replace it with a 16+" upper, and remove the FA FC components at the same time as they remove the autosear. Otherwise, ATF sez, they are in possession of two separate NFA items –– the registered autosear, and the unregistered SBR/MG host gun.

[ARCHIVED THREAD] - does constructive intent work both ways ?

Armory » General NFA Questions

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