Nervous...

[Hero]

...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...

This is what I would do.

[Iraqgunz]

I would dig a hole in my swimming pool, hide it underneath and then cover it up. Definitely won't be "readily accessible."

[Captiva]

Does this same technical legal risk exist by owning a 14.5" barrel? If one owns 3 stripped upper receivers, two 16.5" barrels and one 14.5" barrel all separate and unconstructed (parts) is that an NFA violation? I have a extended A2 flash hider in another parts drawer.... The possibilities are endless.


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[MistWolf]

I understand that an upper is not the firearm, but it was explained to me earlier this spring that simply possessing an NFA upper and a rifle lower before being issued the ATF stamp for the lower (and having the lower properly engraved) constituted constructive possession of an illegal SBR since there was nothing to prevent me from putting the two together and constructing an illegal weapon. I was also warned that storing such an upper at dad's house that's 250 miles away or with a friend or other family member could get sticky depending upon my ease of access.

It was further explained to me that I should never have more NFA uppers than appropriately stamped and engraved lowers if I own more than one lower. In other words, two different NFA uppers are fine if I own a single stamped/engraved lower since the upper isn't the firearm. However, two NFA uppers when I have only one stamped/engraved lower and another complete 16" rifle (or two or three or four) would allow me to put together two SBRs, one of which is not legal.

One other factor holding me back a little is engraving. No one is going to want a lower with my trust name and location on it should my Form 1 not be approved, so I was further advised to not get the engraving done until the stamp is approved. This one doesn't worry me a bit...

I agree that I'm already in deep doodoo if having an illegal SBR gets added to a list of charges filed against me. Again, I sincerely appreciate the discussion here and hope that I haven't wasted too much of anyone's time. This forum is a great resource, and y'all have helped me get this all straight in my mind.

You have received bad advice. For a clearer understanding of how the BATF is to interpret Constructive Possession, look up the results of the suit brought against the BATF by Thompson Center.

Basically, you will only have a problem if you have a rifle lower without a rifle upper AND have a shorty upper. If you have a rifle lower and a rifle upper to go with it, you can have a shorty upper as long as you do not assemble anything in an illegal configuration.

However, don't take my word for it. Search for and study the results of the suit Thompson Center brought against the BATF

[afff_667]

Thanks for pointing out US v. Thompson/Center Arms Co. That was some pretty interesting stuff, and I'd never heard of the "rule of lenity." Good stuff!

I really appreciate all of the comments and help on this. My mind is at ease...

[Gunfixr]

Before the Thompson center case, constructive possession was whatever atf could make stick.
After, it was defined. Constructive possession now is defined as having parts, or a set of parts, that can ONLY be used to make an illegal firearm.
That word only is very important.
Have an AR pistol and an AR rifle? Can you put the pistol upper on the rifle? Yes. Would it be illegal? Yes. But, that does not mean you will put the short upper on the rifle, and fedgov cannot assume you will.
Have a pistol upper, a rifle, and no pistol or sbr lower? Now, you qualify for constructive possession, because the only thing you can do with the short upper is put it on the non sbr lower, and make an illegal firearm.
Got a pistol, and a stock (complete w/tube)? Again, you qualify.

Perhaps an "in-process" form will save you, perhaps not. You can always hand the upper off to a friend to hold until your form comes in, provided it doesn't put them in the same spot.

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[MistWolf]

If you have a complete rifle along with a shorty upper, you are ok because you can make a legal configuration, a rifle upper on a rifle lower.

If you have a rifle lower, no rifle upper and a shorty upper, you are potentially in violation because the only configuration you can make is illegal without the proper paperwork

[Gunfixr]

Not really, because even though your complete rifle is legal, the only thing you can do with the shorty upper is illegally install it on the rifle.

It is not an "extra" part, because using it makes an unregistered sbr.
It is the definition, a part or set of parts that can only be used to make an illegal firearm.

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[Captiva]

But he didn't use it. And won't. Any first year attorney would win in court if the prosecutor were so bold to bring it


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[TheAlsatian]

I would buy the upper and leave it with an ffl I trusted. There was, btw, a case just south of me in Arkansas in which an individual was charged with constructive possession of an SBR AR and convicted. He received 30 months in Club Fed.