I enjoy the debate.

Deats said:

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Agree to all that but how is it constructive possession if I have a legal SBR? I would agree on all points if no SBR was present.

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Because if you have 2 rifle lowers, 1 sbr lower, 2 8" uppers and 1 20" upper the only viable assembly of that second rifle lower is with the 8" upper. Google constructive possession, it has other applications than the gun world, and can be confusing or nonsensical, but again, there really isn't any debate as to how the ATF applies it.

Man, I just went way down the Google wormhole.

While I have no desire to become case law( ATTN: BATFE I don't have more short uppers than SBR lowers), the only person charged with something similar was Jesus Arador in FL. He was arrested, but charges were dropped in 3 weeks and he got his pistol and stock back from LE.


It seems that quite a few trust lawyers have weighed in on the subject heavily of constructive possession and NFA but no one truly knows what the BATFE would do.