avoiding constructive possession

[shortround13]

If I had a kit in form of a bag of parts, no formed receiver yet, can I have a shorter than 16" barrel and the muzzle extension which will bring to 16" length and be ok as far as 'constructive possession'?
As I see it, if the receiver is not formed yet, should be ok. because I need to populate the barrel before permanently pinning/welding the extension....right?
once that step is complete, the barrel will be >16" and I can go about building the receiver....?

[tujungatoes]

As long as you don't have a receiver the barrel length is irrelevant

[Granite]

That's about right. Finish the barrel, then do the receiver.

[ar15barrels]

As long as you don't have a receiver the barrel length is irrelevant

Unless you have a different long gun which the barrel fits in...

[shortround13]

Unless you have a different long gun which the barrel fits in...

even if that requires pressing and fitting and pinning all the appropriate parts? seems there should be some common sense (I know...PRK I should know better) that if it requires some amount of work to get it to operable function as opposed to just slapping on a part (as is the case with say a pistol AR and having a stock that could fit on a buffer tube) it should be ok.

the reason I ask is I am considering an AMD build, and yes, I have a couple of other AK style rifles, so with that consideration, then, yes, theoretically, that barrel could be placed into another rifle, but not without some amount of work populating the barrel......

[Bastard]

you "should" be OK... that said I look at it as if there could be any question about it, then it is not worth the risk IMHO. I know that a lot will even question the risk, and say that there is none. which is fine too, but my luck would be that if there was ever someone going through my things, it would be the one who didn't know the laws

[ar15barrels]

avoiding constructive possession

even if that requires pressing and fitting and pinning all the appropriate parts? seems there should be some common sense (I know...PRK I should know better)

This is federal nonsense which is a complete order-of-magnitude higher than state nonsense.
There are no apparent levels of "constructiveness".

Simplified steps to install AR barrel:
Loosen nut, slide out barrel, slide in barrel, tighten nut.

Simplified steps to install AK barrel:
Remove pin, slide out barrel, slide in barrel, install pin.

Not very different when you look at it that way...

[kcstott]

thats why the statement of any other rifle.

If you have a completed AK it would be a no no to have a short barrel without a dedicated pistol receiver.

Same for an AR,

Yes it is BS but it is Federal BS and they don't laugh much

[MXRider]

Constructive possession laws are the dumbest. IMO, owning a barrel less than 16" should be in the same realm as owning a hacksaw. Sure you could make something illegal, but until I do it should be no big deal.

The ATF has flip flopped on this matter as well.

Say I buy a 14.5" Colt M4 barrel, have it shipped to me so I can inspect it, then I send it to Adco to have it pinned, did I break the law in the ATF's eyes? Seems it depends on which agent you get an opinion from as to what the correct answer is.

Idiots run this country.

[shortround13]

This is federal nonsense which is a complete order-of-magnitude higher than state nonsense.
There are no apparent levels of "constructiveness".

Simplified steps to install AR barrel:
Loosen nut, slide out barrel, slide in barrel, tighten nut.

Simplified steps to install AK barrel:
Remove pin, slide out barrel, slide in barrel, install pin.

Not very different when you look at it that way...

very good point. sad that it is....but good point. I guess it's not worth banging my head against the wall, even though you and I both know the amount of work that would have to go into 'just swapping' the barrel out.

thats why the statement of any other rifle.

If you have a completed AK it would be a no no to have a short barrel without a dedicated pistol receiver.

Same for an AR,

Yes it is BS but it is Federal BS and they don't laugh much

by all the previous statements, it seems that having just a pistol lower wouldn't be enough either...because according to them I could just slap it into a rifle lower.
seems if they can argue the constructive possession angle, we should be able to argue the same exact thing by showing intent by having all the proper pieces to comply with the law. just sad that you have to play the shell game.

ok, seems the best way to avoid a SNAFU would be to give the barrel to a friend until I was ready to complete the population, pin and weld the extension, at which point it could sit safely in my safe as a legal 16 incher.

thanks for the advice and insight everybody, obviously I'm frustrated at the silly (read f'ing idiotic) laws not at you guys....

[CSACANNONEER]

Having a virgin receiver and a barrel under 16" is not constructive possession. One could always be making a handgun or other non rifle with it. Now, having a rifle with the same action and a sub 16" barrel without having a receiver which has never been configured as a rifle would be constructive possession.

[ar15barrels]

by all the previous statements, it seems that having just a pistol lower wouldn't be enough either...because according to them I could just slap it into a rifle lower.

seems if they can argue the constructive possession angle, we should be able to argue the same exact thing by showing intent by having all the proper pieces to comply with the law.

Having a pistol or a "non long gun" receiver is a "path to legality" for short barrels.
If you can show the legal usage of the short barrel, you don't have an issue.
The issue is when you can't show the legal usage or ONLY have the parts that make up an illegal gun.

[shortround13]

Having a pistol or a "non long gun" receiver is a "path to legality" for short barrels.
If you can show the legal usage of the short barrel, you don't have an issue.
The issue is when you can't show the legal usage or ONLY have the parts that make up an illegal gun.

I hear what your saying. Just wish that included having the parts to turn the <16" into a > 16". Not just having a pistol lower. What if I dont wish to make a pistol. I know im probably preaching to the choir and again you guys are a great wealth of knowledge and I appreciate your answers to help me stay out of hot water.

Sent from my SGH-M919N using Tapatalk