Constructive possession - please explain

[rjh4758]

I hear so many different story regarding constructive possession I am rather confused. Can some one clear this these questions up.

1. Does possession of 50 BMG AR upper and AR lower (not assembled together)= constructive possession?

2. Possession of AR pistol upper and AR rifle lower = constructive possession?

3. And if either of those 2 are a yes Then does possession of a shotgun and a hacksaw = constructive possession of AOW?

Kind of seems silly but there is a lot of FUD regarding constructive possession.

[ke6guj]

I hear so many different story regarding constructive possession I am rather confused. Can some one clear this these questions up.

1. Does possession of 50 BMG AR upper and AR lower (not assembled together)= constructive possession?

no. there is no constructive possession regs in the .50BMG rifle laws.

2. Possession of AR pistol upper and AR rifle lower = constructive possession?

yes. both CA and federal law have constuctive possession laws against having the parts needed to assemble an SBR.

But, if you have a pistol lower nearby that you could use that pistol upper on, then you have a legal use for the parts you mention, and may be covered against an CP charge, but it would depend on the circumstances.

3. And if either of those 2 are a yes Then does possession of a shotgun and a hacksaw = constructive possession of AOW?

no, because you can't make an AOW from a shotgun.

[Cokebottle]

1. Does possession of 50 BMG AR upper and AR lower (not assembled together)= constructive possession?

2. Possession of AR pistol upper and AR rifle lower = constructive possession?

3. And if either of those 2 are a yes Then does possession of a shotgun and a hacksaw = constructive possession of AOW?

Kind of seems silly but there is a lot of FUD regarding constructive possession.

1 = No (California AW/50BMG laws, no CP)
2 = Assuming you don't also own a "pistol" lower, Yes (NFA = CP)
3 = No

One of the odd things about CP is that IF there is a legal use for the items, the law assumes that is going to be your use.
Every one of us has bomb-making materials under our kitchen sink, but it's not CP.
Now, move those materials to a bench in the garage, and combine that with newspaper clippings and printouts that indicate bomb-making research and potential targets, and you have a problem.

So on question #3 - As Ke6 said, it would not be CP of an AOW in any event, however, you could make an SBS.
But there are other legal uses for the hacksaw.

Now to go back to question #2, it would only be CP of an SBR if you did not also own a lower that could legally be used to construct a pistol.
If you have a pistol lower and a rifle lower, then the door is wide open for as many of either style upper you would like to have.
Again, the law would presume that you are not intending to put the short uppers on the rifle lowers, since a legal assembly path is available using the pistol lower.

[rjh4758]

Sorry I guess #3 would be SBS not a smooth bore pistol which would be AOW.