PDA

View Full Version : what falls under AW 'Constructive Possession"


anniepoks
04-29-2010, 5:31 PM
as we all know a lot of Calguners are into OLL Rifle assembly,
modifications from BB equipped rifle to featureless build and vice versa:
can anybody with knowledgeable info/s, comments wanna be shared to our new
CGN members on what to avoid and the big "NO"s - so as taking them away from possible trouble? any feedback, contribution that might be of somebody's long sought answer (or unawareness) is welcome.

+ any other items not legal to possess in CA that might be unknown to a lot of
ordinary everyday people who's into the EBR disease.

Anybody who is willing to throw sarcasm, selfish comments or simply rude, childish post better ignore the thread. Thanks.

CSDGuy
04-29-2010, 5:41 PM
The way I read the *law*... there is no constructive possession of AW's. You either possess an AW or you do not. If you own a named (make/model) receiver, and it's in California, you possess an AW. If you own an OLL and you have an upper that would result in an AW by configuration but the upper is separated, then you do not possess an AW. Simply having the parts does not make the weapon an AW.

xfilterx
04-29-2010, 5:48 PM
The way I read the *law*... there is no constructive possession of AW's. You either possess an AW or you do not. If you own a named (make/model) receiver, and it's in California, you possess an AW. If you own an OLL and you have an upper that would result in an AW by configuration but the upper is separated, then you do not possess an AW. Simply having the parts does not make the weapon an AW.

This is how I've interpreted it and how it was explained to me. Perfect example in my case is my SP89. If I had a MP5K K grip and Choate folding stock, as long as it's not on my SP89 I'm not in constructive possession. Parts to convert the SP89 into a full auto machine gun however (unregistered full auto sear) would be a different story. Someone with more information might chime in as I'm no attorney just an enthusiast.

PolishMike
04-29-2010, 5:52 PM
Constructive Possession does not apply to the California AWB.

/thread.

CSDGuy
04-29-2010, 5:57 PM
Constructive possession applies to certain other weapon types... but not for firearms that would only fall under the CA AWB.

Rustico
04-29-2010, 6:14 PM
I don't think someone can even "own" a choate folding stock or a vertical grip if he or she owns an SP89 without a federal tax stamp (hard to do in California). Those would be SBR and AOW federal violations. It doesn't matter if the stock or vertical grip is not on the sp89

http://blog.princelaw.com/2009/9/1/florida-man-arrested-for-constructive-possession-of-an-sbr

Is this right?

anniepoks
04-29-2010, 6:16 PM
i see.... thanks guys.

Noah3683
04-29-2010, 6:24 PM
Containing F/A parts other than the bcg

xfilterx
04-29-2010, 7:34 PM
I don't think you can even "own" a choate folding stock or a vertical grip if you own an SP89 without a federal tax stamp (hard to do in California). Those would be SBR and AOW federal violations. It doesn't matter if the stock or vertical grip is not on the sp89

http://blog.princelaw.com/2009/9/1/florida-man-arrested-for-constructive-possession-of-an-sbr

Is this right?

I don't know. Good find on this blog, it definitely makes me think twice. I own a SP89 and DO NOT own a K Grip or Choate stock, I was just using that as an example. The whole thing is ludicrous though...assuming I had a pinned Choate stock on a 30" OAL MP5K clone build, technically I could be in possession since a SP89 pistol is in the same safe as the 30" OAL rifle? Makes no sense.

With that said, I use extreme caution even when there's doubt. I recently sold my CA94 rifle because I also owned a MP5 pistol. I would guess that the stock from the CA94 could be misconstrued as a part that could be put on my MP5 pistol to make an illegal SBR. The law is vague.

CHS
04-29-2010, 7:52 PM
Containing F/A parts other than the bcg

Context? What are you talking about?

Regardless, F/A parts has nothing to do with the AWB. Of which there is NO constructive possession.