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Posted: 9/27/2002 8:16:12 PM EDT
OK, I did not want to hijack Brouhahas thread, so I am starting my own.



I heard all the lovely statements about the law on that other thread, but here is my own question.

If I have a complete AR, and I happen to have a disk which has the measurements for a DIAS.... Is that constructive possession?

Would they argue that I only have those plans to make a DIAS, and as I have an AR I would use it in that to make a machine gun yada yada yada?

Or am I worrying about nothing?
Link Posted: 9/27/2002 9:52:27 PM EDT
No, that would not be constructive possession. In order for you to be charged with any crime, you would have had to take some actual steps towards making a DIAS. Merely possessing the information needed to make one is not enough. Yet.
Link Posted: 9/27/2002 10:17:12 PM EDT
I don't like that yet....
Link Posted: 9/27/2002 10:33:24 PM EDT
you have to have things in your possession, that when put together break a gun law for it to be constructive possession.
Link Posted: 9/28/2002 8:51:04 AM EDT
I've got some beans, tortillas, a burrito recipe and an appetite. Better arrest me for constructive possession of chemical weapons...
Link Posted: 9/28/2002 7:08:13 PM EDT
Sorry TP, I didn't clarify what crime you could be charged with. M60308nato is correct. If you actually tried to make a DIAS and had an AR, they could get you for something like attempted manufacture of a machinegun, not constructive possession. If you have an AR15 with regular semi-auto parts in it and a set of M16 parts with a DIAS stashed in the house somewhere, that would be constructive possession. I know BATF has decided that possession of an AR15 and even one M16 part or a DIAS is illegal, but I don't know if you would get charged with constructive possession of a machinegun, attempt to manufacture, or possession of nasty evil parts with intent to manufacture. Doesn't really matter what they call it, you're still hosed.

And by the 'yet' I meant that there are people out there, some in Congress, who think that you should not have access to 'dangerous information'- like how to make a DIAS. They would like to make it a federal felony for you to own an AR15 and the plans to convert it, even if you have no conversion parts and have taken no actual steps to convert the gun. Many more Congressfolks want to flat outlaw the sale of conversion manuals. Look for things like this to be proposed by the 'Homeland Security' people. After all, if you and I can get it, so can the terrorists, right? . Obviously a very slippery slope.
Link Posted: 9/29/2002 7:41:32 AM EDT
Can't pass on this one,

but,,, Do not have a hacksaw, scrap metal, files, drill and drill bits, ball point pens that you have to "click" to expose the point to write with as they have the spring in them to return the sear to position.
So the first real thing to do to avoid constructive possession is to throw away all your spring loaded ball point pens, or at least the springs. Second would be any kind of .125 diameter "rod" you may have laying around, thus coat hangers would have to go also, they are close to that, could be used in an emergency.

Enjoy, I needed to have a little fun.
Link Posted: 9/29/2002 7:50:26 AM EDT
You have obviously done something else wrong if the LEO's are searching your stuff in the first place.
Link Posted: 9/29/2002 10:54:20 AM EDT

Originally Posted By VA-gunnut:
You have obviously done something else wrong if the LEO's are searching your stuff in the first place.



Not necessarily anymore. I am waiting for one well intentioned person to call the cops and say I have an M16.... They will come and search, unless I provide a reasonable explanation (show them an AR...)

This happened to me in college... I took my old SP1 to my car, and someone called the cops, they showed up ready for anything. And did not like my attitude, which is to say, the "haven't you got any better things to do than hassle a law abiding citizen?"

One day I will be told I might have too mnay guns, no need for that many, and they will want to search, or will forcefully search my residence for said guns.

Maybe I worry too much. Glad I am nto breaking the law by having any plans on disk. For my own amusement of course.
Link Posted: 9/29/2002 10:59:25 AM EDT

Originally Posted By TacticalPenguin:
Maybe I worry too much. Glad I am nto breaking the law by having any plans on disk. For my own amusement of course.



I'm not sure you are worried too much.

Not to sound OVERLY paranoid, but is anyone certain what Jose Padilla had in his possession?

As far as I understand it (which is laregely guesswork, since he is being detained without charges), he ha din his possession nothing more than INFORMATION about a "dirty" bomb.

Maybe he had more, but there definitely is a different standard if you are someone "suspected of terrorism" - I think in that case, possesing information alone might be enough.

Of course, if you'r enot swarthy-looking or of arabic decent I wouldn't sweat it.
Link Posted: 9/29/2002 11:41:09 AM EDT
I was at a gunshop yesterday. There was a .50 M2 barrel and a 20mm Phalanx barrel. Neither of them had been demilled. As a joke, I asked him if he had any receivers for them. "They're in the case." I looked, they were. Hand made bolt action. He had plenty of brass too. God, I love America.
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