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Posted: 1/20/2014 6:07:29 AM EDT
| I have a 18.5" mossberg 500, with a stock on it and want to get a AOW mossberg 14" (PG). Would owning both in the same house cause any constructive possesion issues? |
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Quoted: Nope. You have a legal way to assemble both guns |
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Quoted:
With the assumption that you purchase both through proper channels, this is right. Things don't get dicey until you have no way to assemble the maximum number of firearms from a given pile of parts without making one or more restricted configurations. Quoted:
Quoted:
Nope. You have a legal way to assemble both guns So what you are referring to is if I just had the AOW and not the 18.5" and retained a spare stock, then I would be in trouble correct? And yes the AOW would be acquired in compliance with the NFA and f4/$5 tax |
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Quoted:
With the assumption that you purchase both through proper channels, this is right. Things don't get dicey until you have no way to assemble the maximum number of firearms from a given pile of parts without making one or more restricted configurations. Quoted:
Quoted:
Nope. You have a legal way to assemble both guns That's not how it works. It isn't musical chairs with firearm assembly. The issue is not the legality of what is left over once everything is built. The condition is whether or not the illegal configuration is the only configuration possible. If you have a pile of gun parts and receivers, then you need only concern yourself with the NFA-qualifying part, say a short barrel. Can you use that short barrel in an illegal configuration? Yes. Can you also use that short barrel in a legal configuration, like a pistol or registered AOW, registered SBR or registered MG? If yes, then there is no CP condition. If you have a single pathway to legality for an NFA part, then that pathway covers all such parts. If you have a registered SBR, then you may also legally own an unlimited number of spare short barrels for that SBR. They need not be part of complete builds at all times as this isn't the qualifier. Spare parts, accessories,etc all fall under legitimacy if you can establish a legal use for one. Under the Rule of Lenity, if the law does not or cannot clarify, then it has to assume legality. When it can go either way, legal or illegal, then the law has to assume you are acting legally. |
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Quoted:
So what you are referring to is if I just had the AOW and not the 18.5" and retained a spare stock, then I would be in trouble correct? And yes the AOW would be acquired in compliance with the NFA and f4/$5 tax Quoted:
Quoted:
Quoted:
Nope. You have a legal way to assemble both guns So what you are referring to is if I just had the AOW and not the 18.5" and retained a spare stock, then I would be in trouble correct? And yes the AOW would be acquired in compliance with the NFA and f4/$5 tax A registered AOW may become a Title I shotgun and legally go back to Title II AOW configuration. Having an 18" barrel and a buttstock would be necessary to accomplish this, so possession of both of these parts together as a "kit" does not result in a CP vulnerability. However, if you possessed only the buttstock, then the Title I configuration is not possible, leaving only the unregistered SBR configuration when the stock is used. Having only the buttstock would be a violation. |
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