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Posted: 6/3/2008 6:33:19 AM EDT
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I just mailed off my Form 1 (building an AR15 SBR as a trust), maybe a week or so ago. I don't have an upper or a short barrel yet. Right now, the lower is wearing a 16" barrel upper. I saw an upper on the EE that I like. Can I legally buy it now, store it separately from any lowers, and leave the non-NFA upper attached until my F1 comes back? Or is this begging for heartache? |
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I am not a lawyer nor expert on the subject. As far as I know having a SBR upper is fine as long as all of your lowers have legal uppers attached to them. So if you have a lower half with no upper and a barreled upper of less than 16" then you are in the realm of constructive intent. I am sure somebody with more knowledge on the issue will come along shortly. |
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You cannot have any parts to which you can illegally configure a weapon. For example: You are in the process of making a SBR. I'll assume you do not already have one. Your rifle is a title I rifle, currently in a legal configuration. You find a upper which you like which WILL make your rifle into a title II rifle if assembled. The BATFE would nail you with "constructive possession" of a SBR. Again, this is assuming you do not already have a title II AR reciever on hand. You can purchase the upper and have it shipped to a relative/friends house which can legally possess it. IE, they have a title II AR-15 or no AR-15s at all. |
| Not a good idea unless it isn't in the same house as you. Even then it is too risky IMO. Remember, if the ATF wants to get you, they will. They do not care about the law or the constitution and will do whatever it takes to put you in prison or ruin you financially. |
That's what I was afraid of. Maybe I'd better make a friend who doesn't own an AR15. ETA, for anyone who cares: I do not have an upper with a barrel shorter than 16", at home or anywhere else. |
Ok if thats the case then would they not be able to nail you for "constructive intent" if you had both a AR and a AR pistol with oh say a 7.5" barrel? |
Because you have a legal use for that short upper. As long as all your firearms are able to be legally configured using each lower and each upper, you're good. IE if you have 5 uppers and 3 lowers. 3 uppers are >16 and 2 are <16. 2 lowers are rifles and 1 lower is a pistol. Everything is good as each upper can be used legally on 1 of those 3 lowers. In the OP's case he was looking at having 2 uppers and 1 lower. 1 upper is >16 and 1 <16. The lower was a rifle lower. Everything is NOT good as only 1 of his 2 uppers could be used legally. |
| In my time in LE I have never heard of constructive intent. We arrest folks for constructive possession all the time but not constructive intent. You are banged for the intent portion of the two prong test when establishing PC if you are in physically or constructively in possession of the short upper & the ATF can prove the case. I would not recommend buying the upper until you have an approved stamp in your paws unless you already have a pistol lower. |
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