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Old 12-30-2018, 10:30 PM
incognito925 incognito925 is offline
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Default AR Pistol and AR Rifles stored together?

If a person had ar pistol with maglock and another featureless ar rifle stored in the same safe, is this considered a felony?
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Old 12-30-2018, 10:44 PM
Califpatriot Califpatriot is offline
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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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Old 12-30-2018, 10:59 PM
Califpatriot Califpatriot is offline
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Quote:
Originally Posted by RickD427 View Post
No.

However, if you possess the required parts to make a SBR, or an AW and the prosecution can show that you had the intent to do so, then you could be prosecuted for a felony. Please refer to People v Nguyen.

The key here is the ability of the prosecutor to show intent.

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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Old 12-30-2018, 11:09 PM
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RickD427 RickD427 is online now
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Quote:
Originally Posted by Califpatriot View Post
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.
You're right. Also fast. I deleted my post in consideration of the SBR language in both federal and state statutes. Penal Code section 4 may offer some relief from state prosecution, but its not guaranteed. There is no federal equivalent to PC4 that I am aware of.

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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Old 12-31-2018, 4:05 PM
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Lightstrider Lightstrider is offline
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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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