OK you legal wizards.  I have a preban Olympic Ultramatch and another preban upper as well.  Is it legal for me to own another complete AR Postban?  I have an upper being built and was going to get the RRA NM lower half for it.  Don't know how it would be treated since I have another preban upper.  Would I be better off just keeping one lower and having 2,3,5+ upper for it?  Thanks for the help.

D

[B] Not sure I follow the first part of your question.  Bottom line, your per-ban uppers can't be used on post-ban lowers.  As far as owning , you can own as many per/post bans as you want. You just can't put a per ban upper on a post ban lower.  Now if you had a per-ban lower anything goes. Hope that helped.

SaFe ShOoTiNg
Jerry [):)] [/b]

I guess I should have clarified.  I have a preban lower and am thinking about getting a post ban lower as well.  I WILL NOT put any of my preban uppers on the postban lower.  I have read that with SBR's if you have 2 SBR uppers and only one registered SBR lower-you cannot own any other lowers (ATF calls it intent or something).  Just wondered if the same thing goes for the pre/post issue that I described above.  Hope I made sense.

D.

This is what ATF calls "constructive possession". It has been applied in the case of machineguns; for example, if you were caught with BOTH an AR15 semi-auto rifle AND an unregistered auto-sear, you would be guilty of possessing an unregistered machinegun, even if you never put them together to make an actual working machinegun.

I'm not sure if constructive posession is so clearly applicable in the case of the 1994 Assault Weapon law. I would imagine that, if you owned both pre-ban and post-ban lowers, it would be a hard sell for the ATF to convince a jury that you intended to create an illegal assault weapon. Perhaps you might be in a more precarious position if you posessed pre-ban uppers but did not own any pre-ban lowers, but your particular case sounds pretty safe.

Has anyone out there ever heard of a constructive posession prosecution in connection with the AWB ?

If there were such a thing, which there isn't, the defendants would be Colt's, Bushmaster, DPMS, Rock River Arms, need I go on? All of these manufacture new (post ban) lower receivers and replacement barrels with banned features. Imagine their warehouse inventory...