Legality Question

[ace4]

I have a question regarding a 14.7 upper I want to purchase form PSA. I already have lower receivers in my possession, and I don't want to run into any constructive possession issues. If I ship the upper to a family member(local), can I take it to a gunsmith and have it pinned and brought to 16" since it is not in the same residence as the lower receivers? Or is that still a gray area? I appreciate any insight, thanks in advance.

[hitman13]

Doesn't it come with a FH / Comp? Might already be over 16".

[Sidney]

You're legal so lon as it's not attached to your lower w/ having the fh/comp pinned. AFAIK there aren't any constructive possesion laws regarding SBRs.

[AKSOG]

You're legal so lon as it's not attached to your lower w/ having the fh/comp pinned. AFAIK there aren't any constructive possesion laws regarding SBRs.

There are Fed constructive possession laws on SBR's enforced in the state of CA. But if the fh/comp is permanently attached to 16" it should be fine.

Even having items you personally own at various residences could fall under constructive possession laws. It's a matter of have access to the items. Perhaps OP you should arrange for the item to be shipped to a FFL that can legally pin an extension to the upper if you must have it.

[alfred1222]

You're legal so lon as it's not attached to your lower w/ having the fh/comp pinned. AFAIK there aren't any constructive possesion laws regarding SBRs.

There are definitely constructive possession laws for SBR's, have someone pin it when you recieve it

[ace4]

Yes it does come with an unpinned flash hider making it 16", but it is NFA. Am I confusing constructive possession with a AR pistol barrel issue? I thought I could order it and as long as I didn't attach it to my lower before being permanently pinned and brought to 16", that would be ok.... Upon further investigation, I got spooked and cancelled my order haha. I want that upper but don't want any trouble either.

[AKSOG]

Yes it does come with an unpinned flash hider making it 16", but it is NFA. Am I confusing constructive possession with a AR pistol barrel issue? I thought I could order it and as long as I didn't attach it to my lower before being permanently pinned and brought to 16", that would be ok.... Upon further investigation, I got spooked and cancelled my order haha. I want that upper but don't want any trouble either.

If you don't have a pistol lower for the SB upper then you can fall under constructive possession laws. Don't have a SB upper if you only have rifle lowers regardless of if it's attached or not.

[ace4]

Thank you very much! I contacted PSA to see if they could pin it but they won't. I will contact my ffl and see if he can make it work. Thanks again, much appreciated!

[MrPlink]

Sheesh.. two very very wrong answers in a row.

People, it is totally ok to keep your mouths shut instead of making up an answer especially when it comes to something that could land a fellow calgunner in a lot of trouble.

OP, either have it sent directly to your Smith of choice, or send it to a friend or family member (that does not own a rifle lower) while you find a gunsmith

[dfletcher]

I'll put this in a form of a question also so as to not be providing incorrect information.

Is one of the attributes of "constructive possession" that while physical possession is absent, they maintain control over the item? Using the opening post example, although the buyer has a 14.5" upper shipped to a family member at a separate address, if the buyer is able to instruct the person what to do with it may that qualify as control and is that "constructive possession"?

Again, asking not asserting - and setting aside whether as a practical matter the police are going to track down "the friend" at his home and make a connection.

[naimad]

Thank you very much! I contacted PSA to see if they could pin it but they won't. I will contact my ffl and see if he can make it work. Thanks again, much appreciated!

Send it adco firearms, they do good work

http://www.adcofirearms.com/

[AKSOG]

I'll put this in a form of a question also so as to not be providing incorrect information.

Is one of the attributes of "constructive possession" that while physical possession is absent, they maintain control over the item? Using the opening post example, although the buyer has a 14.5" upper shipped to a family member at a separate address, if the buyer is able to instruct the person what to do with it may that qualify as control and is that "constructive possession"?

Again, asking not asserting - and setting aside whether as a practical matter the police are going to track down "the friend" at his home and make a connection.

My understanding is that "ownership and control" are the key elements.

[MrPlink]

If you were concerned about a "control element" have your third party purchase it directly and have it pinned as such using their own credit cards then gift it to you afterwards out of the goodness of their heart.