AR Sponsor
Posted: 8/22/2014 10:32:25 AM EDT
| if I build a pistol lower with a sig brace can I own multiple pistol uppers? I have parts coming for a 12" pistol build but I want to also get a 10.5" upper in a few months. |
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Quoted:
I understand that uppers are not regulated, however constructive intent could come into play if I had multiple uppers and only one pistol lower or am I wrong? The part not stated in the OP is wether or not you also own a rifle lower. If you do NOT own a rifle lower you should be fine. If you do own a rifle I think it could be construed as constructive intent. I am not a lawyer and this is not legal advice. I would keep any extra pistol uppers out of sight, like NOT in the same safe or hard case with a rifle. |
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You can have multiple pistol uppers as long as you have the lower to go with it. No worries if you also have a rifle, as long as it doesn't get a pistol lower placed on it. I would not worry about it myself, how many have been raided here to see what is in their safe?
I stopped being paranoid about this shit a long time ago. I follow the law, and unless something catastrophic happens, I doubt I will ever see an agent at my door. |
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Quoted:
I understand that uppers are not regulated, however constructive intent could come into play if I had multiple uppers and only one pistol lower or am I wrong? How exactly would constructive intent play into this? You could put a 70" upper or a 7" upper on it and you'd be breaking no laws. Even if you have a pistol lower, a rifle lower, a rifle length upper, and two pistol length uppers don't go around acting like an idiot and posting pictures of the pistol upper on the rifle lower and you won't have a problem. People get too paranoid into "constructive intent". |
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Quoted:
How exactly would constructive intent play into this? You could put a 70" upper or a 7" upper on it and you'd be breaking no laws. Quoted:
Quoted:
I understand that uppers are not regulated, however constructive intent could come into play if I had multiple uppers and only one pistol lower or am I wrong? How exactly would constructive intent play into this? You could put a 70" upper or a 7" upper on it and you'd be breaking no laws. He is worried that if he has a rifle also, it may be constructive intent to have those other uppers. It doesn't make a bit of difference. He can put a rifle upper, a stock and a pistol upper in the same case he has a pistol lower that has has a carbine buffer tube. As long as it was a pistol first, he can switch between using it as a rifle and as a pistol at the range. Just don't put the pistol upper on while the stock is attached. That should make some heads explode. 
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Quoted:
The part not stated in the OP is wether or not you also own a rifle lower. If you do NOT own a rifle lower you should be fine. If you do own a rifle I think it could be construed as constructive intent. I am not a lawyer and this is not legal advice. I would keep any extra pistol uppers out of sight, like NOT in the same safe or hard case with a rifle. Quoted:
Quoted:
I understand that uppers are not regulated, however constructive intent could come into play if I had multiple uppers and only one pistol lower or am I wrong? The part not stated in the OP is wether or not you also own a rifle lower. If you do NOT own a rifle lower you should be fine. If you do own a rifle I think it could be construed as constructive intent. I am not a lawyer and this is not legal advice. I would keep any extra pistol uppers out of sight, like NOT in the same safe or hard case with a rifle. "An NFA firearm is made if aggregated parts are in close proximity such that they serve no useful purpose other than to make an NFA firearm or convert a complete weapon into an NFA firearm". Visual aid. Perfectly legal assortment of parts in close proximity (lower began life as pistol). There could be any number of short barreled uppers in grouping, verticle forward grip, etc. Without the rifle uppers however, you could be charged with making an NFA firearm, whether you actually attached the stock with short barrel or not. Note that "close proximity" has case law interpretation to be anywhere on your property, too. 
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