#2
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No. But I'm sure somebody will be here with a convoluted explanation of constructive possession doctrine to tell you that it is.
See atf position on constructive intent: Held, a firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. 5845(a)(3), is made when unassembled parts are placed in close proximity in such a way that they: (a)Serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length (e.g., a receiver, an attachable shoulder stock, and barrel of less than 16 inches in length); or (b) Convert a complete weapon into such an NFA firearm, including – (1) A pistol and attachable shoulder stock; and (2) A rifle with a barrel of 16 inches or more in length, and an attachable barrel of less than 16 inches in length. Such weapons must be registered and are subject to all requirements of the NFA. Relevant California statute for constructive possession of sbr e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person.
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In case it wasn't obvious, nothing I write here should be interpreted as legal advice. |
#3
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Intent is important, but not because of constructive possession doctrine. In Nguyen, he wasn't charged with possession (constructive or otherwise) but with attempt. The crime of attempt to always requires a showing of intent.
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In case it wasn't obvious, nothing I write here should be interpreted as legal advice. |
#4
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The conviction charge of Mr. Nguyen was for the attempted possession of an Assault Weapon. When you read the decision itself, it's clear that prosecution's theory leading to conviction was the possession of the requisite parts plus the intent to assemble.
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If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life. |
#5
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Since the pistol is registered as such then as long as the rifle is assembled I wouldn't be too worried. If you just had pistol lower with just rifle uppers around I'd worry, even a assembled pistol with just rifle uppers too maybe would worry too.
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