Jenrick
Member
Intent, under the law normally requires "substantial steps" taken to complete the offense or commit elements of the office.
Constructive possession is basically having taken substantial steps. What else are you going to do with an SBR upper if you only own rifle lowers that are not SBR registered? Sure you can argue you'll put it over the mantle and admire it, and never ever attach it to your lower. That is however best left for a judge or jury to determine the truthfulness of that statement. The issue is that an SBS barrel or an SBR upper really has no "purpose" other then being used to produce a short barreled firearm.
No matter how unlikely it is that people are using their "solvent separators" to filter their gun cleaning fluids, it is a legitimate use of those components. Same with building a suppressor with steel wool, tennis balls, and PVC pipe. Certainly constructed into a suppressor it's a problem, but having those three items in a box in your garage is not in of itself constructive possession.
-Jenrick
Constructive possession is basically having taken substantial steps. What else are you going to do with an SBR upper if you only own rifle lowers that are not SBR registered? Sure you can argue you'll put it over the mantle and admire it, and never ever attach it to your lower. That is however best left for a judge or jury to determine the truthfulness of that statement. The issue is that an SBS barrel or an SBR upper really has no "purpose" other then being used to produce a short barreled firearm.
No matter how unlikely it is that people are using their "solvent separators" to filter their gun cleaning fluids, it is a legitimate use of those components. Same with building a suppressor with steel wool, tennis balls, and PVC pipe. Certainly constructed into a suppressor it's a problem, but having those three items in a box in your garage is not in of itself constructive possession.
-Jenrick