Constructive possession: The state of the law

Discussion in 'Class III / NFA' started by SC-Texas, Sep 1, 2009.

  1. SC-Texas

    SC-Texas Moderator Moderator

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    Basically, if you have the upper, assembled and ready to put on the lower, you are in constructive possession.

    I did some case research tonight and this case discussed and distinguishes Thomsen Center from the typical AR owner who has an assembled short barrelled upper.

     


  2. SC-Texas

    SC-Texas Moderator Moderator

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  3. SC-Texas

    SC-Texas Moderator Moderator

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    Cont.

     
  4. SC-Texas

    SC-Texas Moderator Moderator

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    Cont.

     
  5. SC-Texas

    SC-Texas Moderator Moderator

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    Cont.

     
  6. SC-Texas

    SC-Texas Moderator Moderator

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    Concluded:

     
  7. M. Sage

    M. Sage TGT Addict

    Jan 21, 2009
    San Antonio
    Excellent post, thanks for bringing it up.

    The way I understand it, say you have a <16" barreled AR upper, a rifle lower and a pistol lower, you're alright. Would you agree with that?
     
  8. sharky47

    sharky47 Active Member

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    "The way I understand it, say you have a <16" barreled AR upper, a rifle lower and a pistol lower, you're alright. Would you agree with that?"


    That's the way I understand it, one of the reasons I build every lower I get into a pistol first as well as keeping a couple as pistols.

    This kind of thoughtcrime BS really pisses me off. Man those freedom fries sure taste good don't they.......
     
  9. SC-Texas

    SC-Texas Moderator Moderator

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    In the dicta, the court menetioned that the defendent only had one AR lower.

    I would think that having an AR pistol would be enough to avoid constructive possession.
     
  10. TexasRedneck

    TexasRedneck 1911 Nut Lifetime Member

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