GUN Constructive intent of some BS like that?

Discussion in 'On Topic' started by pimpofthenation, Oct 12, 2009.

  1. pimpofthenation

    pimpofthenation OT Supporter

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    So... there's a local guy selling an AR-15 "12 inch pistol upper"....

    what's the legal ramifications for having a 12" upper if you don't currently own a registered AR pistol lower?

    Perfectly legal until you actually snap them together?

    I'm in MI... FWIW
     
  2. hsmith

    hsmith OT Supporter

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    lol, don't do it
     
  3. THT

    THT The easy way is always mined

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    First of all, there aren't any "pistol uppers" as only the lower receiver is designated pistol or rifle. Having an upper with a barrel shorter than 16" without a pistol lower at all is constructive intent.
     
  4. fatmoocow

    fatmoocow bored OT Supporter

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    if you own a non-pistol lower, you'd be pretty much fucked
     
  5. Keesh

    Keesh New Member

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    If you've bought a stripped lower, and it was transfered as such, and you never put a stock on it, you can call it a pistol. If you add a stock, it is now classified as a rifle by the BATF and it can never have a barrel <16" without a tax stamp.
     
  6. Jurisbot Esq.

    Jurisbot Esq. Don't blame me I voted for Ron Paul. OT Supporter

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    Isn't the correct term "Constructive Possession"?
     
  7. pimpofthenation

    pimpofthenation OT Supporter

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    I've got a stripped lower that was purchased as a rifle. It has never had a parts kit or a stock on it. Can I purchase the 12" upper and retroactively have the lower registered as a pistol?
     
  8. Keesh

    Keesh New Member

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    If it was transfered to your dealer as rifle or if it was transfered to you as a rifle, it cannot be a pistol. Unless your state has some goofy registration laws, your firearm shouldn't be registered. The only place it should be written down is in the manufacturer's books and your FFL's books. If you are unsure if your lower is classified as a pistol, rifle, or stripped lower, I would call the FFL and the manufacturer.
     
  9. GearHead

    GearHead Active Member

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    Its retarded, you can go pistol -> rifle but not rifle -> pistol
     
  10. [DWI]

    [DWI] Master of Nothing

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    The parts to make it plus firearm it would work on = constructive intent, or at least enough for me not to screw with. For example, I COULD own the parts to make an AK full auto or I could own an AK, but if I owned the gun and the parts to make it illegal, bam, game over.
     
  11. thegooch

    thegooch OT Supporter

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    Have the lower registered, THEN buy the upper.
     
  12. pimpofthenation

    pimpofthenation OT Supporter

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    OK... another question on this.

    What if one is in legal possession of a 16" AR-15 rifle... and then purchases an otherwise legal AR-15 pistol.

    Constructive possession?
     
  13. vwpilot

    vwpilot New Member

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    No, as long as you have the pistol lower for the pistol upper, you can own both a pistol and a rifle at the same time. Just dont get caught snapping the pistol upper on the rifle lower.
     
  14. GearHead

    GearHead Active Member

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    Like vwpilot said, as long as you have the lower to go with the upper, you're GTG. Just make sure you are NEVER in possession of an upper <16" without either a pistol lower, a registered SBR lower or...no lower at all.
     
  15. THT

    THT The easy way is always mined

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    No lower means he doesn't have a firearm, just an expensive paperweight
     
  16. Crossett

    Crossett New Member

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    In my mind
    Unless you don't have any lower at all in the same location as the <16" upper, right?
     
  17. thegooch

    thegooch OT Supporter

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    Correct you can have a non SBR lower but not a <16" barrel in your possesion. If you're waiting for a Form 1 to come back you can go ahead and order your <16" upper as long as it's stored elsewhere (friend, family member, etc.) that do not live on your property.
     
  18. spankaveli

    spankaveli OT Supporter

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    You can own it, it's just highly advised to store it at an alternative location (where there are no AR lowers) until you purchase/transfer/receive the lower you need to be able to legally put that upper onto.
     
  19. GearHead

    GearHead Active Member

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    eggzacktery my friends
     

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