A 7.5" SBR with no sights and a tacicool para cord wrapped hand guard AND wrapped magazine. Because that 550 cord could save your life in an EOTWAWKI scenario, and iron sights are useless. The SBR speaks volumes.
It is wrong to racially profile, but profiling based on gun type can be pretty telling....
“A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or as bad as the man using it. Remember that.” - Shane
And rusty,too.Originally Posted by RevolverRob
Is that seriously the rifle in question. Even to my non NFA trained and experienced eye that is an M4 stock on a teeny barrel which means he is really stupid. At the onset of reading the OP I actually felt sorry for the guy. I was thinking that they guy had 2 rifles in the trunk and was being charged in the idiotic constructive possession crap. Heck is as even thinking that he deserved some slack maybe for using 2 lowers to debug a shorty upper and maybe forgot to swap back the pistol lower. By the looked of the rusted ASAP I'm betting that the assembly was in that trunk for a while. His gofundme claims are also very telling. Not that I don't do it, made a mistake and assembled the wrong parts ... No the gov didn't get the $200 I knew they wanted so it's not my fault.
Lumping this into the play stupid games win stupid prizes category.
AR is indeed an NFA "free state" so all he needed was a trust and $ 200 or an actual pistol lower.
1) The suspect did NOT have two complete guns. Assuming, hypothetically he had both a legit AR pistol and a legit 16" AR rifle you would not have constructive possession. The pistol lower provides legal reason for possession of a short barrel upper or uppers.
2) Just to clarify - people keep harping on whether the stock was installed on the M-4 buffer tube - taking a stock off an M-4 buffer tube DOES NOT render it an AR pistol. Pistol specific buffer tubes, without provision for attaching a stock exist for a reason.
SIG brace AR "pistols" may be ridiculous but they are like a paper bag over a bottle of alcohol, the difference between breaking the law and at least perfunctory respect for the law.
Last edited by HCM; 06-01-2016 at 10:57 PM.
". . . constructive possession . . . "
Last edited by DMF13; 06-02-2016 at 12:11 AM.
_______________
"Whom shall I send, and who will go for us?" Then I said, "Here I am. Send me." - Isaiah 6:8
Most people don't know what it really means...". . . constructive possession . . . "
It's used in this context to mean something other than the ability to exercise dominion and control over an item. There is case law calling an unassembled short upper and lower "constructive possession" of an SBR.". . . constructive possession . . . "
OUCH!! That'll leave a mark. :-)
Really? What case is that? If it exists, it directly contradicts SCOTUS case law: https://en.wikipedia.org/wiki/United...Center_Arms_Co.
- It's not the odds, it's the stakes.
- If you aren't dry practicing every week, you're not serious.....
- "Tache-Psyche Effect - a polite way of saying 'You suck.' " - GG
Reply With Quote