shooter503
Member
- Joined
- Apr 28, 2006
- Messages
- 440
Can anyone explain the ATF rules on what I believe is called "constructive possession". ie The fact of having firearm parts in possession that COULD be used to build a restricted firearm even though they are not actually assembled into a firearm.
Many years ago I was working up some ammunition reloads for a special purpose that were too powerful to test in a firearm normally designed for the cartridge (a pistol cartridge). I simply purchased a suitable caliber surplus barrel from Numrich Arms, threaded it to fit a surplus rifle I had, chambered it and off I went with the testing. It was not much of a firearm, no magazine, no extractor system, no sights etc etc etc but it would send a bullet down the barrel pretty quickly. Testing completed I removed the barrel from the rifle so I could use the rifle action for a future project (dreamer) and put the barrel in a "useful parts" box in the shop.
A while back, I was surfing this site and I came across the expression "constructive possession" and a little creepy feeling ran down my back. I knew I still had the rifle action, and sure enough, the barrel was still lying in the box of "useful" parts - all 12 1/2 inches of it.
As far as I could tell I was potentially in "constructive possession" of an illegal firearm (it may not have been illegal when I first made it), a short barrelled rifle in a full-sized rifle stock. I immediately cut the threads off the barrel so it could not be reused in the rifle. However, I still possess the lathe I originally used to thread the barrel, the chamber reamers and the barrel blank - am I now still in "constructive possession"? When does the pathway end?
I do not think "constructive possession" existed when I first made the test rifle. I have taken all sensible steps that I can think of that would legalize my position. Is there anything else to be done? If not it would seem that any machinist with a selection of firearms and spare parts could be found in "constructive possession".
Many years ago I was working up some ammunition reloads for a special purpose that were too powerful to test in a firearm normally designed for the cartridge (a pistol cartridge). I simply purchased a suitable caliber surplus barrel from Numrich Arms, threaded it to fit a surplus rifle I had, chambered it and off I went with the testing. It was not much of a firearm, no magazine, no extractor system, no sights etc etc etc but it would send a bullet down the barrel pretty quickly. Testing completed I removed the barrel from the rifle so I could use the rifle action for a future project (dreamer) and put the barrel in a "useful parts" box in the shop.
A while back, I was surfing this site and I came across the expression "constructive possession" and a little creepy feeling ran down my back. I knew I still had the rifle action, and sure enough, the barrel was still lying in the box of "useful" parts - all 12 1/2 inches of it.
As far as I could tell I was potentially in "constructive possession" of an illegal firearm (it may not have been illegal when I first made it), a short barrelled rifle in a full-sized rifle stock. I immediately cut the threads off the barrel so it could not be reused in the rifle. However, I still possess the lathe I originally used to thread the barrel, the chamber reamers and the barrel blank - am I now still in "constructive possession"? When does the pathway end?
I do not think "constructive possession" existed when I first made the test rifle. I have taken all sensible steps that I can think of that would legalize my position. Is there anything else to be done? If not it would seem that any machinist with a selection of firearms and spare parts could be found in "constructive possession".