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Old 04-10-2012, 23:19   #1
NCHeel
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Question about possessing an AR pistol & Rifle

Can you have both a Ar pistol and an AR rifle or would that be considered constructive possession since it would be so easy to convert the rifle lower to an SBR?
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Old 04-11-2012, 00:07   #2
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I wouldn't see why not. As long as they are kept in the correct configuration according to the serial number of the Lowers.

Keep the pistol upper on the Pistol lower.
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Old 04-11-2012, 07:43   #3
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Correct. As long as the parts are kept together it's legal.
Quote:
since it would be so easy to convert the rifle lower to an SBR?
But have a FA trigger group & your in trouble... makes a lot of sense doesn't it?

The entire system needs a overhaul.
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Old 04-11-2012, 08:39   #4
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As long as you have the same number of uppers and lowers, and they ae attached to the proper parts, you are OK.
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Old 04-11-2012, 09:20   #5
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Originally Posted by DustyJacket View Post
As long as you have the same number of uppers and lowers, and they ae attached to the proper parts, you are OK.
You can also have spare uppers around, so long as they are 16" or greater barrels. Having a sub-16" upper sitting around with no pistol or SBR lower to put it on is a problem waiting to happen, though.
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Old 04-11-2012, 12:25   #6
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Originally Posted by fuzzy03cls View Post
Correct. As long as the parts are kept together it's legal.
This - keep the uppers and lowers together.
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Old 04-11-2012, 18:09   #7
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Constructive possession requires more than having the parts and the ability to assemble them in an unlawful manner - it requires the intent to assemble them in an unlawful manner. Such intent can be inferred by having such parts and no lawful purpose for them. As long as one has a lawful purpose for the parts, inferring criminal intent is problematic without some other element.
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Old 04-11-2012, 22:08   #8
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Okay, so I have 2 pistol lowers. One complete and one stripped. How many pistol uppers can I have assuming I also have a whole bunch of complete rifles and rifle lowers?

I thought as long as I have 1 pistol lower, I can have as many pistol uppers as I want because they all can go on my legal pistol lower?
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Old 04-11-2012, 22:13   #9
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Maybe this link can clear up any questions. It's from the BATF.

http://www.atf.gov/firearms/faq/nati...-shotguns.html
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Old 04-12-2012, 07:43   #10
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Quote:
Originally Posted by lawman800 View Post
Okay, so I have 2 pistol lowers. One complete and one stripped. How many pistol uppers can I have assuming I also have a whole bunch of complete rifles and rifle lowers?

I thought as long as I have 1 pistol lower, I can have as many pistol uppers as I want because they all can go on my legal pistol lower?
If you only have 1 complete and functional pistol lower, then I would suggest have no more than one under 16" barreled upper in your possession. A second upper wouldn't have a legal "home" receiver at all times, and could be construed as constructive intent.

When in doubt, cover your butt.
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Last edited by WoodenPlank; 04-12-2012 at 07:43..
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Old 04-12-2012, 21:13   #11
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True, not worth it.
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I've said it before and I'll say it here: they'd look better with lividity.
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