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The Range
Law & Order
Selling AR-15 pistols with a stabilizing brace
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<blockquote data-quote="mightymouse" data-source="post: 3967523" data-attributes="member: 15253"><p>You may be over-thinking the concept of constructive possession. If someone keeps their AR pistol in a drawer right next to a stabilizing brace, then, yes, that would likely be construed as constructive possession. </p><p></p><p>But, say that you do "swap out the braced pistol's barrel for a barrel that is at least 16" long", thus creating a legal-to-own rifle. If you kept said rifle in the safe, or tucked in a closet corner somewhere, and the 7", 9", or 11.5" pistol barrel stored somewhere else, in your parts box or boxes, in your workroom/workshop/shed/or garage, along with the attendant short forearm, I doubt that would be construed as constructive possession. Keep in mind that I am not a lawyer, and that "constructive possession" is a judgement call made on a case-by-case basis by the ATF.</p></blockquote><p></p>
[QUOTE="mightymouse, post: 3967523, member: 15253"] You may be over-thinking the concept of constructive possession. If someone keeps their AR pistol in a drawer right next to a stabilizing brace, then, yes, that would likely be construed as constructive possession. But, say that you do "swap out the braced pistol's barrel for a barrel that is at least 16" long", thus creating a legal-to-own rifle. If you kept said rifle in the safe, or tucked in a closet corner somewhere, and the 7", 9", or 11.5" pistol barrel stored somewhere else, in your parts box or boxes, in your workroom/workshop/shed/or garage, along with the attendant short forearm, I doubt that would be construed as constructive possession. Keep in mind that I am not a lawyer, and that "constructive possession" is a judgement call made on a case-by-case basis by the ATF. [/QUOTE]
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