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Posted: 12/24/2008 5:49:39 AM EDT
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If i bought an upper for my bushmaster m4, and the the upper had a barrel shorter than 16 inches, would it be considered a class 3 weapon? technically this would make it an SBR right?
here's a link to the upper im looking at: http://www.impactguns.com/store/RRA-AR0362B.html sorry if this seems like an elementary question, but better safe than sorry. |
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Constructive intent. Read up on it.
Now, if you had a registered SBR lower you'd be good to go. You could have multiple short uppers for your SBR as well as a non-SBR rifle, as long as the non-SBR rifle has a long upper. If all you have is the upper, and NO lowers, it's just a pile of parts. |
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Constructive intent. Read up on it. Now, if you had a registered SBR lower you'd be good to go. You could have multiple short uppers for your SBR as well as a non-SBR rifle, as long as the non-SBR rifle has a long upper. If all you have is the upper, and NO lowers, it's just a pile of parts. He won't find much on that since there is no such thing. You mean constructive or actual physical possession as we use the terms in law enforcement. |
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so it would be illegal for me to purchase a short barreled upper, and put it on my current AR15? unless i registered it and payed for the stamp right? Yes. THE NATIONAL FIREARMS ACT TITLE 26, UNITED STATES CODE, CHAPTER 53 INTERNAL REVENUE CODE SUBCHAPTER A — TAXES Part III – Tax on Making Firearms. § 5822 Making. No person shall make a firearm unless he has (a) filed with the Secretary a written application, in duplicate, to make and register the firearm on the form prescribed by the Secretary;............................. SUBCHAPTER B — GENERAL PROVISIONS AND EXEMPTIONS P art I – General Provisions. § 5845 Definitions. For the purpose of this chapter–– (a) Firearm. The term 'firearm' means ........................(3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;................... SUBCHAPTER C — PROHIBITED ACTS § 5861 Prohibited acts. It shall be unlawful for any person— ........................ (c) to receive or possess a firearm made in violation of the provisions of this chapter; or (d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record; or SUBCHAPTER D — PENALTIES AND FORFEITURES § 5871 Penalties. Any person who violates or fails to comply with any provision of this chapter shall, upon conviction, be fined not more than $10,000, or be imprisoned not more than ten years, or both. |
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So would it be illegal if you had a standard 16" rifle and had say a 11.5" upper also in your home? Correct, unless you also had a "pistol" lower. You must either have a pistol lower or have your lower SBRed BEFORE buying a shorter than 16 inch barreled upper. |
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so it would be illegal for me to purchase a short barreled upper, and put it on my current AR15? unless i registered it and payed for the stamp right? Yes. THE NATIONAL FIREARMS ACT TITLE 26, UNITED STATES CODE, CHAPTER 53 INTERNAL REVENUE CODE SUBCHAPTER A — TAXES Part III – Tax on Making Firearms. § 5822 Making. No person shall make a firearm unless he has (a) filed with the Secretary a written application, in duplicate, to make and register the firearm on the form prescribed by the Secretary;............................. SUBCHAPTER B — GENERAL PROVISIONS AND EXEMPTIONS P art I – General Provisions. § 5845 Definitions. For the purpose of this chapter–– (a) Firearm. The term 'firearm' means ........................(3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;................... SUBCHAPTER C — PROHIBITED ACTS § 5861 Prohibited acts. It shall be unlawful for any person— ........................ (c) to receive or possess a firearm made in violation of the provisions of this chapter; or (d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record; or SUBCHAPTER D — PENALTIES AND FORFEITURES § 5871 Penalties. Any person who violates or fails to comply with any provision of this chapter shall, upon conviction, be fined not more than $10,000, or be imprisoned not more than ten years, or both. +1 what he says |
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OK but! what if i own a 16" AR rifle and want to build a AR pistol and i find a good deal on a 10.5 upper before i purchase a lower. Where would i stand then? This is where the constructive intent (or whatever you want to call it) comes in. If you have a short upper and no legal use for it - strike one. If you also posess a fully compatable lower that can be easily configured into an SBR using the items you have on-hand - stirke two. Finally, you get caught with the above - strike three. Big fines & jail time. From my internet education, this came from MGs & folks apply it to SBRs. I can't quote the SBR applicablity, but it seems like something the ATF would pull. |
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The rule of thumb for "constructive possession" is that you must have a legal use for all the parts in your possession. Only if you have no legal use for all the parts in your possession, and at least one illegal way to configure some or all of those parts, does "constructive possession" apply.
Simply possessing a short upper with an AR lower doesn't make you in constructive possession of an SBR if you also have a legal-length upper, but possession of a short upper and an AR lower with no legal upper, would. |
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so that being said, it's on me to not break the law and put a 10.5 inch barrel upper on my bushmaster AR15 lower. i guess i should use my better judgment for this one Smart thinking A tax stamp is $200. How far will $200 in lawers fees, bail, etc. get ya? |
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