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View Full Version : Constructive posession question AR pistol/rifle


Untamed1972
02-12-2010, 12:55 PM
I know its been stated that if you have a short-barrelled upper and an AR rifle you'd better have the short upper on a pistol lower to avoid the constructive posession issues.

So what if you wanted 2 different length uppers for the pistol, but had rifles also? Would having the extra upper trigger the constructive posession issue because it could go on the rifle, even though it could also go on the pistol? Or would having the pistol be enough to justify the posession on the extra upper?

Just curious. Thx

EBR Works
02-12-2010, 1:05 PM
As long as you have a pistol lower, you are GTG with multiple uppers for it.

ke6guj
02-12-2010, 1:09 PM
basically, "the rule of lenity" has normally applied in this situation. Since you have a legal use for the uppers, constructive possession shouldn't apply. However, it is recommended that you have at least one rifle upper for each rifle lower you own. YOu don't want them to be able to assemble all your rifle lowers with rifle uppers and still have unattached rifle lowers laying around while you have unused pistol uppers.

bwiese
02-12-2010, 2:19 PM
I know its been stated that if you have a short-barrelled upper and an AR rifle you'd better have the short upper on a pistol lower to avoid the constructive posession issues.

It doesn't necessarily have to be 'on' -- but someone having just an AR rifle or regular AR lower, without possessing a legit AR pistol or legit AR pistol lower should NOT possess, ANYWHERE, a pistol/shorty upper.


So what if you wanted 2 different length uppers for the pistol, but had rifles also? Would having the extra upper trigger the constructive posession issue because it could go on the rifle, even though it could also go on the pistol? Or would having the pistol be enough to justify the posession on the extra upper? You have a legal outcome for the uppers. Now I'd say it'd smell bad if you had 10 shorty uppers and one pistol lower but generally if you had two pistol uppers and a pistol lower plus rifles, you'd be OK.

It's the asshats that order that pistol upper and only have a rifle/rifle lower that have problems.

Most people will need to acquire AR pistols whole, thru the single-shot exemption since they can't buy pistol receivers (unless an LEO or someone moving in from another state were to PPT a legit pistol or virgin receiver to them).

Untamed1972
02-12-2010, 5:19 PM
I was wondering for example if one had a pistol with 7" barrel and perhaps wanted an additional upper with a 10-11" barrel, if having the extra pistol upper in addition to rifles would get one into hot water with The Man.

Thanks for the replies.

B Strong
02-13-2010, 6:23 AM
I know its been stated that if you have a short-barrelled upper and an AR rifle you'd better have the short upper on a pistol lower to avoid the constructive posession issues.

So what if you wanted 2 different length uppers for the pistol, but had rifles also? Would having the extra upper trigger the constructive posession issue because it could go on the rifle, even though it could also go on the pistol? Or would having the pistol be enough to justify the posession on the extra upper?

Just curious. Thx

If you have a lower registered as a pistol, and lowers registered as rifles, you can uppers to your heart's content w/o triggering constructive possession charges.

halifax
02-13-2010, 6:35 AM
Would constructive possession also apply to a business owner that sells uppers only? Bunch of uppers of all lengths but only personally owned rifle lowers.

B Strong
02-13-2010, 6:46 AM
Would constructive possession also apply to a business owner that sells uppers only? Bunch of uppers of all lengths but only personally owned rifle lowers.

That will have to be answered by one of our "right people," but the old dealer "Nesard" (Tony Sendra) was prosecuted for selling unregistered SBR's - he had 11.5" barreled uppers with a 5.5" flashoder that wasn't securely enough attached to the barrel - the ATF broke the FH's off with a pipe wrench and a four foot extentsion.

He was selling lowers as well, and at that time there was no such animal as a AR type "pistol" lower.

loather
02-13-2010, 9:06 AM
the ATF broke the FH's off with a pipe wrench and a four foot extentsion.

Oh for christ's sake. If this isn't a clear enough case of tampering with and manufacturing evidence, I don't know what is. With that kind of setup, I could break loose a welded flash hider. Chances are I'd impart enough destructive torque to bend the receiver and/or barrel, but somehow I doubt the ATF cared about that when they did this.

Sorry for the threadjack.