Quoted: captainpooby, Thanks for the response. You didn't say they hypothetical guy expressed intention---you said he asked a question. They are NOT the same. BTW, the personal attack was not necessary, but I'll let the moderators find it for themselves.
Sparky315, The reason I LMAO is becuase what usually happens on this board when someone asks a simple question is just this. Repsondents extend into extreme, fringe, hypothetical abstracts that run far afield of the original issue. IF this, and IF that. Obviously, under the force of a full-blown criminal investigation there would be warrants for reasonable searches, but only if the authorities specifically had reason to search for that particular item. Looking for drugs and finding a short-barrelled upper at a friend's house are not at all related. Then there is the burden of proving ownership.
The thing that is missing from these discussions is the element of PROOF and the folks that post at this board have been indoctrinated, by you and a few others, to believe that the prosecution has no burden of proof in these cases---and it is just not true.
I may be an asshole, like captainpooby says, but I am not ignorant.
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I'm going to take it from your lack of response that you are not an LEO or a prosecutor, and your posts are simply your opinion based on whatever knowledge you have or think you have. "Looking for drugs and finding a short-barrelled upper at a friend's house are not at all related". You would be surprised how many folks have things not related to drugs that are still illegal discovered at their houses when they get busted for drugs. Proof can be an issue, obviously, but perhaps not as overwhelming an issue as you might think. Fingerprints, statements from the friends who are looking at their own charges, receipts, etc. can all come back to haunt you. As far as me 'indoctrinating' people into thinking that the prosecution has no burden of proof, please supply quotes to support your accusation. Obviously the prosecution has the burden of proof in any criminal case. Most of my posts in these areas have related to what can get you ARRESTED AND POSSIBLY PROSECUTED, not necessarily convicted. You seem to be under the impression that getting arrested for something like constructive possession of an illegal SBR would be nothing, since the prosecution would obviously have a weak case that no jury would buy, if they decided to prosecute it at all. I can assure you that being arrested by the feds would be a trauma that few people on this board would want to deal with, even if the case is dropped or they win in court. It would mean months or even years of tremendous stress and financial strain, not to mention the initial fun-filled trip to the pokey.
I have to disagree with your claim that you are not ignorant. I would agree that you are not stupid, but that is not the same thing as ignorance. You appear to be a fairly intelligent person who thinks they know more about this particular area than you really do, and you're making assumptions based on nothing more than your opinion. My observations and posts are at least based on things I have actually seen in my career in the criminal justice system.
The question originally asked was how Brouhaha can keep his upper without getting nailed by BATF. The post indicates to me that he is looking for what the legalities of the situation are, not what the chances are he might get caught if he had the upper locked in his safe or stored at a friend's house. That was the question I answered, so my response was hardly an extreme that wandered far from the original question. BATF could indeed make a case for construction possession of an unregistered SBR if he had an AR at his house and a 10.5" upper at a friend's house, if they could prove that the upper is his. Hence, the answer to his question is no, it's not enough that the upper is at his friend's house because BATF would still consider it his, thereby meaning he could drive over to his buddy's house and assemble the SBR with little effort. Bingo, constructive possession. The likelihood of that happening was not in his question. Just because something isn't likely to happen doesn't mean it can't or won't, and if you don't believe that you've been living in a basket.