|
Constructive possession means you have access to but not immediate possession of something. This could be something a felon that has the combination to a gun safe or you have possession of all the parts to make the prohibited item but it's not put together.
This is a simple explanation but I think it works
If you possess a short barreled AR-15 upper with no SBR registered lower and have a legal length AR 15 you are in constructive possession of a SBR. In this case he had possession of the parts necessary to turn the pistol into a SBR.
Same thing if you possessed all the parts to turn a firearm into a machine gun as well as the firearm. You would be in possession of a machine gun even though you hadn't installed the parts yet.
|