09-26-2017, 02:38 PM
i am not a lawyer but to my understanding as fallows
1) your concern is with constructive possession, you "should" be fine as long as the pistol upper has a pistol lower to attach to until your form 1 clears that said
Constructive Possession exists when a person knowingly has the power and intention at a given time to exercise dominion and control over an object, either directly or through others. US v. Turnbough, 1997 U.S. App. LEXIS 11886, *6. The government may establish constructive possession by demonstrating that the defendant exercised ownership, dominion or control over the premises in which the contraband is concealed. Id.
constructive possession is grey as heck intentionally i think as long as you have paperwork in to sbr it it would show you intend to fallow the law but it really falls to how zealous the prosecutor is in your area in theory anyone who possesses a rifle and a hack saw are in constructive possession..... basically make sure you have a lower which is registered as a pistol and has a pistol only bufffer tube on it
2) naw your fine on that suppressor and sbr are 2 stamps independent of each other
3) back to the grey..... based on my under standing its not legal but they are not pursuing prosecution at this time
so yeah if you want to be completely safe store the short barrel off site until you have sbr stamp
1) your concern is with constructive possession, you "should" be fine as long as the pistol upper has a pistol lower to attach to until your form 1 clears that said
Constructive Possession exists when a person knowingly has the power and intention at a given time to exercise dominion and control over an object, either directly or through others. US v. Turnbough, 1997 U.S. App. LEXIS 11886, *6. The government may establish constructive possession by demonstrating that the defendant exercised ownership, dominion or control over the premises in which the contraband is concealed. Id.
constructive possession is grey as heck intentionally i think as long as you have paperwork in to sbr it it would show you intend to fallow the law but it really falls to how zealous the prosecutor is in your area in theory anyone who possesses a rifle and a hack saw are in constructive possession..... basically make sure you have a lower which is registered as a pistol and has a pistol only bufffer tube on it
2) naw your fine on that suppressor and sbr are 2 stamps independent of each other
3) back to the grey..... based on my under standing its not legal but they are not pursuing prosecution at this time
so yeah if you want to be completely safe store the short barrel off site until you have sbr stamp
Punctuation is for the weak....