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Posted: 6/25/2026 10:08:53 PM EDT
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Can you own, possess, or sell M16/M4 full auto parts kits granted you have no AR15 lower that would even accept the parts? I'm talking a complete parts kit that includes the auto sear. I realize the FA BCG has long been acceptable to own and use in a semi-auto rifle. At one time IIRC ANY full auto parts in a rifle were illegal/ With all the changes over the years I'd like to know what's the current status of other FA parts like hammers, selectors, etc. installed in a sei-auto. PLEASE only chime in if you know... maybe a stupid question so go easy. |
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Originally Posted By 18B30: There is no law that prevents you from owning M-16 parts while possession an AR-15. Same rational as saying if I own a propane tank, a cellular phone, and an electric match, I have a destructive device. 18Z50 Appreciate the response. I was thinking that's the status currently. |
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Originally Posted By Lexington: What constitutes constructive intent? I would assume having a lower on hand that would accept the parts? I just wanted to know/double check if the parts (auto sear, selector, hammer, etc.) in and of themselves were not illegal currently. |
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As far as I know they only care about the 3rd hole, whether a fake or the real deal it doesn’t matter. That and the auto sear seems to be regulated by the industry. As it has been explained to me the constructive possession triggers as tack on charges as a result of why they were looking at you in the 1st place. |
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The ATF has held that you cannot possess an AR15 and M16 parts. They called it constructive possession. That said, they’ve also said that the parts just can’t be installed. Right now, I don’t think they’d care either way unless you’re rocking and rolling without papers. I tell people to go with the stricter recommendation of not owning an AR15 and M16 parts together, even if not installed. Others say that’s foolish and overly paranoid. YMMV. |
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-Notcalifornialegal
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Mike the owner of Spike's explained to me one time at his shop a long time ago. ATFE did an inspection on him. They did not care about the M16 parts being in the same area with his NFA items. They were there to ensure all the registered items are accounted for. I can't remember if the FA sear was in the same area. But that's was the explanation I got from him about that question. |
| Depends on what parts. A lot of people have M16 BCGs and they are sold every single day. Even if you have a full parts kit with the sear, the selector and everything else, you need the third hole. You can't even put the auto sear into an AR without the 3rd hole. And without the auto sear, or a RDIAS, having a hammer and a selector and a BCG will do nothing for you. |
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As mentioned, the point of law is called Constructive Possession. It a real thing and not just applicable to firearms, it’s used in drugs far more often. As it pertains to firearms, courts have narrowed its scope over the years, mainly through US V Thompson-Center, to hold that this can be used to establish a Possession charge only when the illegal configuration is the only possible configuration. For M16 parts and a semi-auto AR lower, this would likely mean a stripped lower (no fire control parts installed) and only M16 parts present., even if not installed. If prosecuting authority has that condition, then they can install those parts that can be installed, get the assembled firearm to fire a second round, even if through hammer follow, and that’s enough. This is very textbook and literal, every case is different, but it’s a risk to be in this situation. It’s been incorrectly called Constructive Intent for many years, which is not only wrong but provides a false sense that one’s intent plays into the possible charge, which it does not. |
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