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Question about possessing an AR pistol & Rifle

Discussion in 'Black Rifle Forum' started by NCHeel, Apr 11, 2012.

  1. NCHeel


    Jan 20, 2006
    Charlotte N.C.
    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?
  2. smokin762


    Apr 19, 2009
    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.

  3. fuzzy03cls


    Jan 28, 2010
    Correct. As long as the parts are kept together it's legal.
    But have a FA trigger group & your in trouble... makes a lot of sense doesn't it?

    The entire system needs a overhaul.
  4. DustyJacket

    DustyJacket Directiv 10-289

    Oct 16, 2008
    Missouri, East of KC
    As long as you have the same number of uppers and lowers, and they ae attached to the proper parts, you are OK.
  5. WoodenPlank

    WoodenPlank Who?

    May 15, 2010
    NW Florida
    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.
  6. Navitimer


    Apr 29, 2009
    :agree: This - keep the uppers and lowers together.
  7. Matthew Courtney

    Matthew Courtney Instructor #298

    Oct 14, 2002
    Lake Charles
    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.
  8. lawman800

    lawman800 Juris Glocktor

    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?
  9. WoodenPlank

    WoodenPlank Who?

    May 15, 2010
    NW Florida
    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.
    Last edited: Apr 12, 2012
  10. lawman800

    lawman800 Juris Glocktor

    True, not worth it.