Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Log In

A valid email is required.
Password is required.
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
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
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
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
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
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
Top Top