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Posted: 5/31/2002 1:59:35 AM EDT
Wow, you can get busted for possessing a short barreled rifle (SBR), even if the SBR upper is NOT attached to your lower !!



The short-barreled upper receiver unit was an AR-15-type unit, compatible with AR-15-type lower receiver units. However, the short-barreled upper receiver unit was not attached to the lower receiver unit of this weapon at the time it was found.   2   Instead, an upper receiver unit with a barrel length in excess of sixteen inches ("the longer-barreled upper receiver unit") was attached to the lower receiver unit that was part of the weapon charged in Count Three.
...
Kent testified that he owned the short-barreled upper receiver unit only for its component parts. He claimed that he intended to use the gas tube, the upper receiver assembly, the handguard assembly, the forward and rear sights, and "[e]verything but the barrel."
...
The Government contended that this evidence of the short-barreled upper receiver unit being an intact, active unit, with a sling and with batteries in the scope, and the fact that the short-barreled upper receiver unit was easily interchangeable with other AR-15 upper receiver units including the longer-barreled unit on the Colt AR-15 when it was found in Kent's apartment, demonstrated that Kent's intent was to use the short- barreled upper receiver unit as an intact unit as opposed to using the unit for parts.
...
In Count Three, Kent was found guilty of possession of a rifle with a barrel length of less than sixteen inches, not registered in the National Firearms Registration and Transfer Record, in violation of 26 U.S.C. § 5861(d).
View Quote



US Ct. of App v. Jason Kent (1999)
[url]http://caselaw.lp.findlaw.com-END Of Script Attempt-
s/getcase.pl?navby=search&case=/data2/circs/11th/978425opn.html[/url]
Link Posted: 5/31/2002 2:02:00 AM EDT
[#1]
IN THE UNITED STATES COURT OF APPEALS


                    FOR THE ELEVENTH CIRCUIT
                    ________________________


                          No. 97-8425
                    ________________________


                   D. C. Docket No. CR496-148

Link Posted: 5/31/2002 4:06:08 AM EDT
[#2]
Yeah, constructive intent, or whatever they call it.  Its the same thing they use to bust people who own a DIAS and a bunch of M16 parts buried in the garden.
Link Posted: 5/31/2002 6:54:53 AM EDT
[#3]
Let's see...You have a complete, legal postban rifle and a complete preban-configured upper receiver group with a live Aimpoint mounted on it, but no 922(v)(2) exempt lower.   Hmmm...  Time to get rid of the preban upper or buy a 922(V)(2) exempt lower/rifle.
Link Posted: 6/7/2002 10:18:12 AM EDT
[#4]
That is why I don't own an 11in. upper. I knew they would throw someone in jail for "intent" if they where caught. They can bend the law to their advantage with intent and they often do. Even if you are found innocent, they will still haul you off to the klink in the first place. Than and havin to pay for a lawyer would not be fun.
Link Posted: 6/7/2002 1:16:54 PM EDT
[#5]
Isn't this old news? The TC case supposedly settled the "constructive intent" crap. As long as you have a LEGAL SBR lower or a pistol lower. If you have an upper that is 11" and NO legal lowers, then that is different story...


Scott


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