300 Blackout Build - Parts Question

[trapture]

Ok all, I'm jumping on the 300 Blackout Band wagon. I just got my Head Down Group Buy Upper and I have plenty of time but never plenty of money. I usually buy parts a little at a time and build when I'm ready. The question is... 300 Black is great to suppress from what I hear, so a shorty 14" or so barrel is probably the way I'm going to go once I'm done my research. When does parts become something that is illegal to own till you do your $200 tax stamp. Does having the barrel without being attached considered "intent" or does it really depend on the ATF ahole who raids you for some reason. Or I guess is it better to bite the $200 stamp price first then start buying the parts.

 

[Markp]

Ok all, I'm jumping on the 300 Blackout Band wagon. I just got my Head Down Group Buy Upper and I have plenty of time but never plenty of money. I usually buy parts a little at a time and build when I'm ready. The question is... 300 Black is great to suppress from what I hear, so a shorty 14" or so barrel is probably the way I'm going to go once I'm done my research. When does parts become something that is illegal to own till you do your $200 tax stamp. Does having the barrel without being attached considered "intent" or does it really depend on the ATF ahole who raids you for some reason. Or I guess is it better to bite the $200 stamp price first then start buying the parts.

Get the form 1 in the mail NOW. You're gonna hate the wait, so just do it.

The parts are NOT illegal to own or even assemble/partially assemble provided you have a LEGAL configuration you can keep the lower in until your tax stamp arrives (i.e. AR pistol).

DO NOT UNDER ANY CIRCUMSTANCES ASSEMBLE IT AS AN SBR OR HAVE ONLY AN SBR CONFIGURATION WITHOUT THE CANCELED TAX STAMP FROM THE ATF.

Constructive intent would not apply if you have filed your form 1, as you can not prove intent to circumvent the law when you have filed and paid your tax already. In that case you would HAVE to actually assemble the weapon as an SBR to violate the law... after all, what is the intent of the parts... to assemble them after your tax stamp returns. Well that's not constructive intent, now is it.

I AM NOT A LAWYER, YMMV.

 

[StillServing]

Don't want to jack your thread, but also wanted to help cutdown on redundant threads. Are you looking for parts/suggestions? Or just asking about form 1 type stuff?

 

[Lex Armarum]

Get the form 1 in the mail NOW. You're gonna hate the wait, so just do it.

The parts are NOT illegal to own or even assemble/partially assemble provided you have a LEGAL configuration you can keep the lower in until your tax stamp arrives (i.e. AR pistol).

DO NOT UNDER ANY CIRCUMSTANCES ASSEMBLE IT AS AN SBR OR HAVE ONLY AN SBR CONFIGURATION WITHOUT THE CANCELED TAX STAMP FROM THE ATF.

Constructive intent would not apply if you have filed your form 1, as you can not prove intent to circumvent the law when you have filed and paid your tax already. In that case you would HAVE to actually assemble the weapon as an SBR to violate the law... after all, what is the intent of the parts... to assemble them after your tax stamp returns. Well that's not constructive intent, now is it.

I AM NOT A LAWYER, YMMV.

It's constructive possession. Here's the definition:

when a person does not have actual possession, but has the power to control an asset, he/she has constructive possession. Having the key to a safe deposit box, for example, gives one constructive possession.

Source: http://dictionary.law.com/Default.aspx?selected=320

 

[Markp]

It's constructive possession. Here's the definition:



Source: http://dictionary.law.com/Default.aspx?selected=320

Thanks... Constructive possession is an interesting term.

Now, does that mean everyone with a hacksaw and a rifle owns an SBR?

 

[BenL]

It's constructive possession. Here's the definition:



Source: http://dictionary.law.com/Default.aspx?selected=320

Well hell, by that definition, if you have a credit card and a mailing address, you have constructive possession. I have a credit card, so I COULD order ("power to control an asset") an 8" upper and have it on a lower in days.

 

[Lex Armarum]

Thanks... Constructive possession is an interesting term.

Now, does that mean everyone with a hacksaw and a rifle owns an SBR?

Nope. Which is why this conversation is somewhat inane. The government would have to show that you somehow possessed those items in a manner that would amount to you having domain or control over an SBR or suppressor. Usually they do this by linking time, place, and circumstantial evidence to show that even disassembled, you intended to assemble and use those wares as a suppressor or SBR without registering it first.

The key is this: the government can charge you with anything they want so long as they have some evidence that you committed the crime(s) they're charging you with. Whether they can prove it in court is another issue altogether. However, by the time you get to that stage you've been raided, your property has been taken, other property around your house may have been destroyed, you have spent a night in jail (at least), had your reputation ruined, most likely lost your job, your dog hates you, and your lawyer loves you cause you just paid him a $5k retainer for federal criminal defense litigation.

Which is why: I plead the Fifth! I plead the Fifth! 1 2 3 4... FIFTH!

 

[Lex Armarum]

Well hell, by that definition, if you have a credit card and a mailing address, you have constructive possession. I have a credit card, so I COULD order ("power to control an asset") an 8" upper and have it on a lower in days.

Nope. You're wrong here. You have to A. have some sort of physical means of control of said property. The example used in the definition is key (no pun intended): because you possess the key to a safe deposit box, you have constructive possession over the contents of that box because you have one of the few means and the right to open it and take the property therein.

There's lots of law on this at both the federal and state levels. Since we're talking about a federal crime, federal law would apply.

 

[Markp]

The key is this: the government can charge you with anything they want so long as they have some evidence that you committed the crime(s) they're charging you with. Whether they can prove it in court is another issue altogether. However, by the time you get to that stage you've been raided, your property has been taken, other property around your house may have been destroyed, you have spent a night in jail (at least), had your reputation ruined, most likely lost your job, your dog hates you, and your lawyer loves you cause you just paid him a $5k retainer for federal criminal defense litigation.

Which is why: I plead the Fifth! I plead the Fifth! 1 2 3 4... FIFTH!

Exactly!

 

[Lex Armarum]

Exactly!

Yeah but my point is, why worry about it. These types of charges are usually only levied as an extra kick in the balls to already indicted/charged parties. If you keep your mouth shut, don't get caught in public with an unregistered NFA item, and generally play your cards close to your vest, you will likely not have much to worry about. If they do come for you, you're in their crosshairs for other reasons most likely anyways. There isn't much you can do about it. Kind of like making the giant take notice of you and then he sets out to squish you.

What the government does and how it operates is not right or just but you have to learn to live and operate within the system.

As always, keep a close watch on your six.

 

[BenL]

Nope. You're wrong here. You have to A. have some sort of physical means of control of said property. The example used in the definition is key (no pun intended): because you possess the key to a safe deposit box, you have constructive possession over the contents of that box because you have one of the few means and the right to open it and take the property therein.

There's lots of law on this at both the federal and state levels. Since we're talking about a federal crime, federal law would apply.

Ahhh. OK. Got it.

 

[Hopalong]

Which is why: I plead the Fifth! I plead the Fifth! 1 2 3 4... FIFTH!

Now that's snappy. I like it. It makes pretty much the most sound legal advice there is easy to remember.

 

[Lex Armarum]

Now that's snappy. I like it. It makes pretty much the most sound legal advice there is easy to remember.

Thank you but I can't take credit. I stole it from Dave Chappelle:

 

[Hopalong]

Thank you but I can't take credit. I stole it from Dave Chappelle:

Oh day-um. You finally gave me a reason to like him.

 

[Micktaco]

Thank you but I can't take credit. I stole it from Dave Chappelle:

Was that Dave Chappelle or Eric Holder?