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Thread: I know its been asked a million times...SBR + 16" upper = ??

  1. #11
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    Quote Originally Posted by Eurodriver View Post
    That's exactly what I thought, but see below, I have heard this before as well...meaning if I own "any" of the SBR parts, even back home, its still subject to the ATF classifying it as an SBR.
    I'll try to find the thread but someone was replying directly to me as I recall and it sounded like they really knew what they were talking about. Perhaps even a lawyer. That is in regards to "possession".

    ETA: http://legal-dictionary.thefreedicti...com/Possession

    Read those. forget about "intent"

    There are two definitions of possession "actual"(hold in hand) and "constructive"(your property locked in a safe)

    The BATF probably does not clarify but you can rest assured they mean constructive possession. The simple test would be to answer this question. Do you own an SBR? The answer is yes, therefore you constructively possess a SBR. Placing a 16" upper on will not negate that fact. You would have to sell your short uppers to remove constructive possession.

    Otherwise when the ATF answered that question above they would simply have said "No, stick a 16" on and go out of state". They clearly mean constructive possession not physical actual possession.

    That is my opinion .This is NOT legal advice. It's simply my understanding.
    Last edited by tb-av; 12-21-12 at 17:32.

  2. #12
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    Someone find the letter............ I really don't care enough.
    "I'm not saying I invented the turtleneck. But I was the first person to realize its potential as a tactical garment. The tactical turtleneck! The... tactleneck! - Sterling Archer"
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    "Courage is not the absence of fear, but rather the judgment that something else is more important
    than one's fear. The timid presume it is lack of fear that allows the brave to act when the timid do not."

  3. #13
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    Once again we have a clear cut case of people trying to complicate an easy matter.if you remove the SBR upper and you put a 16 inch copper on there it is no longer an SBR. So what it really comes down to is what is the definition of the word is? In addition to explain to me how someone in another state is magical going to know you have an SBR lower unless you tell them because they don't have a magical database.

    Shivan basically nailed it. Define "retains control or possession" of.



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  4. #14
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    For the love of Pete. What is short about the barrel on a 16" upper. You have to have a Short Barrel to have a Short Barreled Rifle.
    You can never make anyting idiot-proof, whenever you get close they just build a better idiot.

  5. #15
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    Is a sbr lower alone a short barreled rifle? Or does it only become a short barrel rifle when a barrel less than 16" is put on it? How can a rifle be declared a short barrel rifle when it has a 16.1' barrel on it? If you trade uppers with someone, and therefore do not posses a upper with a barrel less than 16", then no way did you use a sbr. When you get back home, trade back. To get all warm and fuzzy about it, contact a good lawyer.

  6. #16
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    "I'm not saying I invented the turtleneck. But I was the first person to realize its potential as a tactical garment. The tactical turtleneck! The... tactleneck! - Sterling Archer"
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    "Courage is not the absence of fear, but rather the judgment that something else is more important
    than one's fear. The timid presume it is lack of fear that allows the brave to act when the timid do not."

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