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Old April 23, 2009, 11:50 AM   #26
ISC
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I have been researching it and haven't seen anything, other than internet lay opinions, that say that owning a Short barrel upper and a lower constitutes constructive posession of an SBR if they aren't assembled and/or stored together.

Regardless, the now destroyed barrel probably had a flash suppressor permanently attached and was completely legal anyhow.
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Old April 23, 2009, 03:41 PM   #27
TACKLEMAN24
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When all this was going down, I had immediately seperated the upper from the lower and took both halves to 2 different locations out of my house. I am a law abiding gun owner and have absolutely zero intention of ever violating the law in any way. When I offered it for sale or trade I should have specified in the post like I did in the 2 emails I recieved about this. I was only offering the upper for sale as to my knowledge it is legal to own or purchase a SB upper if you do not have the lower in your possession. I told the 2 people who emailed me I would only sell both the upper and the lower if I could have legally taken it to a class 3 FFL holder who could then legally transfer it without me violating any laws. When I decided this was alot more trouble than it was worth. I then told my friend who was holding the upper for me to destroy the barrel. Today he told me tht he was able to remove the barrel and all the parts. The flash hider was held on with some sort of pin on the inside of the flash hider and something like loctite. Anyways, the end result of it was the upper was actually a AR15 pistol upper that the previous owner installed on a rifle lower then had a long flash hider made and attached to the pistol barel. Needless to say after his discovery he decided not to destroy the barrel and just disassembled it then he returned the parts to me minus the barrel and instead of destroying the barrel he kept it for a pistol he plans on building. This was a 10 1/2" pistol barrel with a 6" flash hider pinned to it making it barely legal. I just did not need the BS involved with an item like this so now I am going to need to buy a new barrel as I would prefer to be on the safe side than risk violating any laws.
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Old April 23, 2009, 03:44 PM   #28
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As a result of this problem, from now on I plan on taking a dowel rod and tape measure with me to any gun shows as to avoid a potential repeat problem. Also, it is people like this who deceive people and sell them questionable items that are the cause of alot of the problems that plauge shows and result in new laws that make our rights slowly disapear.
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