Nervous...

[sva01]

Get the 11.5 In a couple of months you may kick yourself if you don't.

If you were a gun guy when Sandy Hook happened, you'll remember how scarce everything was for quite some time. I second the advice quoted above...

[_Stormin_]

Can any of you "constructive possession" theorists cite a single example of an individual being so charged?

I only know of the guy in Florida with the H&K, but that was no where near as ambiguous as the upper and lower argument...

[Zim]

Just buy the thing and leave it in the box, unopened. If you're so worried about it, put it in a closet or attic and don't tell a living soul about it until your stamp comes in.

[Hmac]

I would think it is more than likely something they would tack on after charging you with A LOT more serious charges as something to use for plea bargaining. Hope I didn't come off as a "theorist."

I think your assessment is exactly correct. I think "constructive possession", if it actually exists as a legal concept, is a non-issue for your average home NFA applicant.

[Kyohte]

I think your assessment is exactly correct. I think "constructive possession", if it actually exists as a legal concept, is a non-issue for your average home NFA applicant.

In the NFA context, I am unaware of any cases other than the Florida one. However, with the current (and likely future) administration, I would not like to be a test case.

Here is further reading:

https://blog.princelaw.com/2009/07/0...th-or-reality/

In the best case, the premise where you keep the upper would have to not be accessible to you. In the worst case....

[Leonidas24]

Unless you're embezzling money, plotting a terrorist attack, or defrauding the IRS through tax evasion, you're safe. Buy the upper, stow it somewhere safe and out of hands you do not want to obtain it, or install a pistol RE until your stamp clears. Sell said pistol RE on EE to pay for your carbine extension.

[HKGuns]

The charges were dropped in that FL case after 3 weeks and his SP89, stock and FG were returned.

Buy the upper.

[duece71]

I am going to go out on a limb here......is the BATFE going to check to see if you are in constructive possession of an SBR upper before your stamp arrived? Are they going to inspect your safe? I mean I can understand NOT putting it together and NOT taking it to a public range, whom is going to know about it if you don't tell anyone? If the answers are obvious to the above questions.....then I need to lay off the Scotch for a while.

[tb-av]

If you are truly that worried about it, have someone else buy it and hold it. It is not a firearm. But it's not a problem. Do you honestly think the ATF has time for that sort of thing?

[st381183]

If your that worried about it then wait. I think the advise you have received is sound. Make a pistol lower and have absolutely no worries, buy the upper and store it somewhere else and wring your hands for the ATF raid that is sure to happen, or wait and hope it's still available at the price you want to pay. Either way the advise is the same and there will always be hand wringers telling you to fret over non-existent legal what ifs. As for me, I would build a cheap pistol lower and shoot the bejesus out of that upper so it's nice and zeroed and broken in for when the stamp comes. Make a decision and proceed worry free.