Nervous...

[jackblack73]

This right here...

That would only work if the lower had never been made into a rifle before. And using a pistol RE isn't really necessary.

OP, if your lower has been made into a rifle before, just buy the upper and don't attach it to the lower. Have it delivered to your friend's house if you really want to be careful. I did that with my first SBR.

[gkanga]

Just buy the upper, stick it in the closet, and forget about it until the Form 1 comes back. It's not a big deal. In the incredibly unlikely chance that you get into some sort of legal trouble over owning the un-attached upper, it seems like have a pending Form 1 should be pretty good evidence that you're not breaking the law.

[BigWaylon]

I'm almost in agreement with the above. I'd buy it and stick it in my office at work, a neighbor's closet, under a relative's bed...whatever. (Or in my garage where the NSA couldn't even find it). I just wouldn't stick in it my safe without a legal use for it.

[David W]

Why not just go ahead and get the 11.5" now.
Just use a pistol RE in the mean time.

Sent from my SM-G900V using Tapatalk

+1, this makes most sense.

[john armond]

Buy it. Let someone who doesn't have an AR house it. If for some reason your stamp gets denied, sell it. Depending on the political climate, it might rise in value. As far as constructive possession, a Molotov Cocktail is a destructive device, so in essence, filling your mower...while having a beer...using rag to wipe the sweat, and carrying a lighter for smokes should technically put you in the slammer

[Kyohte]

I am not a lawyer, but take caution on some of this advice: Constructive possession applies whether or not they are stored in separate locations. If it is stored at work, you still maintain the ability to create an SBR. If it is stored at anothers house, but it is yours, then you still own it and are in constructive possession. This type of "possession" tends to be used for possession of illegal drugs and possession of firearms by convicted felons. So take head when someone just tells you to store them separately. Case law supports that this still qualifies as contructive possession.

The correct answer is to make the lower a pistol (provided it was a pistol first and not a rifle). This is the only truly legal method to own a < 16" upper with no stamped lowers.

[notorious_ar15]

Or you can just buy a cheap stripped lower & assemble it as a pistol (like an Anderson or something). Sell it when Form 1 gets approved & engraving is done.

[Hmac]

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

[john armond]

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

In my 20 years in law enforcement, I can't think of a single example regarding firearms, hence my ridiculous example of what could TECHNICALLY be considered "constructive possession." 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."

[rocketman]

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