That’s an interesting outlook but i disagree. The ruling against the BATF in United States v. Thompson-Center Arms Company sets somewhat of a precedence.
If someone were to own a fully assembled lower receiver with a rifle stock, and a complete SBR upper, without a stamp, it seems that you could be considered to be in constructive possession of an NFA firearm.
Simply owning a stripped lower receiver, and a complete SBR upper does not appear to violate any existing laws, even if you’re the owner of other complete AR15’s. They would be hard pressed to prove constructive intent, unless you’ve really done something else wrong, in which case, good luck to you!
To clear up any confusion on “constructive possession” and the belief that there is no such thing. There is established case law.
In United States v. Thompson/Center Arms Company, 504 U.S. 505 (1992), the United States Supreme Court examined whether a short-barreled rifle was “made” under the NFA when a carbine-conversion kit consisting of a single-shot “Contender” pistol was designed so that its handle and barrel could be removed from its receiver, and was packaged with a 21-inch barrel, a rifle stock, and a wooden fore-end. The Court held that, where aggregated parts could convert a pistol into either a regulated short-barreled rifle, or an unregulated rifle with a barrel of 16 inches or more in length, the NFA was ambiguous and applied the “rule of lenity” (i.e., ambiguities in criminal statutes should be resolved in favor of the defendant) so that the pistol and carbine kit, when packaged together, were not considered a “short-barreled rifle” for purposes of the NFA.
However, the Court also explained that an NFA firearm is made if aggregated parts are in close proximity such that they: (a) serve no useful purpose other than to make an NFA firearm (e.g., a receiver, an attachable shoulder stock, and a short barrel); or b convert a complete weapon into an NFA firearm (e.g., a pistol and attachable shoulder stock, or a long-barreled rifle and attachable short barrel).[/b] Id. at 511-13.
What if you have a complete rifle and an sbr upper but no spare lower? That is to say you have two uppers and one lower where the full length rifle upper is attached to the rifle lower?
