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Fed. Constructive Possession Question

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  • slick_711
    Veteran Member
    • Feb 2006
    • 4400

    Fed. Constructive Possession Question

    I did a quick search but didn't find anything, and I'm @ work so I don't have time to pour through every old thread.

    I know CA doesn't have constructive possession laws, but we do on the federal level. And it's been discussed here many times "blah blah yes it's legal to own a short barrelled upper sin SBR paperwork if you don't have an AR lower blah blah."

    What's the legality of building/owning an AR pistol if you already own AR rifles? Is there a loophole there or are the feds going to say "you can readily combine upper from pistol A with lower from rifle B and construct an illegal SBR, therefore you are a felon here are some bracelets."
  • #2
    Sal
    Senior Member
    • Oct 2006
    • 690

    there is no clear cut answer on that one.

    the consensus generally is get a pistol dedicated lower before ever buying or owning a shorter than 16" barrel for the AR platform.

    Make sure the pistol lower has a pistol only buffertube that has no possible way to attach a stock, dont just throw an A2 or CAR tube on it with no stock attached.
    We're not done yet, we're not going quietly. We'll win in the end.

    Owner, Gunsmith at Matchgrade Gunsmiths, Cerritos.

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    • #3
      ke6guj
      Moderator
      CGN Contributor - Lifetime
      • Nov 2003
      • 23725

      CA does have constructive possession laws. Not for AW, but for stuff like SBR/SBS and MG, IIRC.

      If you have a legal way to assemble your parts, then you are usually ok per the feds.
      Jack



      Do you want an AOW or C&R SBS/SBR in CA?

      No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

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      • #4
        slick_711
        Veteran Member
        • Feb 2006
        • 4400

        Awesome. Thank you for the quick replies.

        I'm not doing anything too soon, so I'll be sure to get the lower first when I've got the project laid out mentally (and funded ).

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