Quoted:
I thought the term was "Constructive Intent" when you owned one of these and the AR rifle it can go into.
In theory, the ATF could get you if you had a pre-ban upper at home and a post ban lower (regardless of whether you put them together)--however, it probably wouldn't be worth their time to go after you. The Caveat is that if they REALLY want you, they could charge you for that, or tack it on to other charges as a bargaining point.
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Let me settle this one once and for all.
You are wrong.
Wanna know how I know? I lost a ar15 kinda like this. Preban Green label carbine back in 1992 and I didn't even own (and never have owned) a DIAS.
I had some M16 internals (yes boys and girls that is enough to arrest you) installed but NO auto sear of any kind and never even owned one. Just had it set up for future use.
I know longer own that AR15 and ATF told me I was lucky to get off losing the rifle and not be arrested. I could not simply remove and get rid of the M16 colt carrier they took the rifle.
This was when I was just an ordinary Joe long before I became a dealer. I had the rifle at my Dads house at the time (I had several guns there as I was moving a lot) and the local Sheriff was there related to my parents divorce.
They were inventorying his property and came across my guns. Since they were "scary looking" ATF was called to make sure they were legal. ATF collected 12 of my rifles and I got all but my one AR15 back. The others were all factory semis.
IF I had a DIAS (even without the necessary M16 parts) anywhere in that house I would probably still be in jail.