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jaq
01-27-2010, 7:22 AM
Hello All You Learned Calgunners,

I have a question regarding AR-15s. If I have a complete AR-15 rifle, an AR-15 lower receiver DROS'd as a pistol, an AR-15 lower receiver DROS'd as a rifle, and an AR-15 complete upper that has an 11.5" barrel that I want to use for the pistol - am I in danger of felony constructive possession (or any other legal issues)?

Thank you in advance for your kind responses :)

VaderSpade
01-27-2010, 8:17 AM
My understanding is that if you have a AR-15 lower receiver DROS'd as a pistol your fine. Just don't ever put that upper on a rifle.

tomd1584
01-27-2010, 8:21 AM
nope. not as long as you have a pistol lower!

rabagley
01-27-2010, 9:38 AM
There's another implication that hasn't been mentioned yet. If you have just one AR pistol lower, you can have any number of short barrelled uppers in your possession without constituting constructive possession.

Obviously, the prohibition against attaching any of them to a rifle lower remains.

bender152
01-27-2010, 9:44 AM
Does constructive possession also apply to a bare barrel?

Not the entire upper group, just the barrel. Could I legally buy a short barrel without having a pistol lower?

rabagley
01-27-2010, 9:47 AM
If you have all of the parts to make an SBR and do not own a way to assemble the barrel into a legal (pistol) configuration, then you have indeed run afoul of constructive possession.

bwiese
01-27-2010, 9:59 AM
I have a question regarding AR-15s. If I have a complete AR-15 rifle, an AR-15 lower receiver DROS'd as a pistol, an AR-15 lower receiver DROS'd as a rifle, and an AR-15 complete upper that has an 11.5" barrel that I want to use for the pistol - am I in danger of felony constructive possession (or any other legal issues)?

You have a lenity outcome if you have a legal combination available to you.

If you had only the shorty upper and a rifle or rifle receiver then there'd be a problem. It also might smell bad if you had 30 pistol uppers and a buncha rifles and just one pistol/pistol receiver.

It would be best that you don't transport "bad combinations" together but separated unless there are both legit complete combinations in your trunk (whole AR rifle, whole AR pistol).

jaq
01-27-2010, 2:12 PM
Excellent responses!

I thank all of you for taking the time to impart this valuable knowledge to me :)

WeekendWarrior
01-27-2010, 3:41 PM
Now go get that pistol!

bigcalidave
01-27-2010, 4:04 PM
Does constructive possession also apply to a bare barrel?

Not the entire upper group, just the barrel. Could I legally buy a short barrel without having a pistol lower?

The barrel is just a part, and could be used in all kinds of ways. Good to go.

I guess if there was a sick enough DA and you only had parts to build a rifle and one of the parts was a <16" barrel MAYBE... doubtful though.

Josh3239
01-27-2010, 4:13 PM
My understanding of constructive possession is that if you have the part or parts to construct an NFA firearm you are in violation. So I would say no, a bare barrel and a stripped receiver absolutely meets the definition of constructive possessing an SBR. No different if you have an auto sear but not the other parts and have a lower, that is constructive possession of a machine gun.

What I was always curious about is if you have a single built AR pistol and a single built AR rifle and some rifle receivers, could you have multiple pistol uppers? I am leaning towards the negative on that one, I realize that is pretty conservative but having more pistol uppers than pistol lowers (especially when you have rifle lowers laying around) is a bad idea.

hatidua
01-28-2010, 10:00 AM
Every time I've called the ATF, they've been very helpful in answering any question I might have. If the OP really wants it from "the horses mouth", he may want to pick up the phone and dial 304.616.4500