Nervous...

[Captiva]

..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.

Otherwise upstanding citizen? Link to court case would be most helpful.

[TheAlsatian]

Basically yes:
http://www.arkansasmatters.com/news/...barreled-rifle

There was a rather extended discussion about this on ar15.com. Fundamentally stupidity all around...

[st381183]

I read the link. He was not convicted for constructive possession. He was arrested for HAVING an unregistered assembled SBR which he used to threaten another driver. He was NOT arrested for having an unattached short barreled upper, or other AR bits and pieces that could be used to make a SBR. Huge difference between what the guy did and constructive possession. The only reason anyone cared was because he committed an Aggravated Assault.

[TheAlsatian]

That is deceptive...I need to find the link on arfcom. He did not threaten another driver with the sbr, he reportedly brandished a Glock, but that was never found. When the police searched his vehicle he had an unassembled AR SBR in a backpack type case. It was the police that put the weapon together. He was in fact charged with constructive possession.

[TheAlsatian]

http://www.ar15.com/forums/t_6_50/45...gan_today.html

Long read but tells the tale..

[st381183]

I read the arfcom link and it is a convoluted story at best with only one side being told by the defendant's friend. This sounds like there was more going on here than what we are reading. Either way the guy put himself in a bad position by switching lowers and uppers for function testing. Then getting into a road rage incident, which by his friend's account he merely drove away from? Ok sure. Still the ATF didn't go to his gun safe and rifle through it looking for constructive possession.

A weak case to prove a point because there is so much going on from accusing law enforcement of framing the defendant and only hearing one side of the story, the side friendly to the defendant.

Constructive possession would and should be added to charges if the person is out and accused of committing other crimes. Whether or not his attorney was smart enough to argue a defense is neither here nor there.

Don't buy a short barreled upper if you are that worried about it until your from 1 is approved is the easiest solution for nervous Nellie's who believe the ATF is going to raid your gun safe without cause. I ensure that I have legal configurations available for short barreled uppers by have 2 AR pistol lowers with appropriate pistol buffer tubes attached. I do not use normal rifle built lowers to "test" functionality in my short barrel uppers merely by removing the stock, which was what the defendant admitted to doing, even though his friend posting the details at arfcom says he removed the stock only because the lower wouldn't fit in his backpack with the stock attached.

This guy was using his pistol upper on a rifle built lower and got caught being stupid and regrettably is paying g a high price for it.

[TheAlsatian]

Agreed. The guy was a dumbass and paid the price. Point is...it does happen. What you do in your own home is your own business and swat teams in black helicopters are not going to swoop down on you...this guy had to push it and take it public.