*HYPOTHETICAL* Question about "intent" to manufacture a fully automatic
If you have the following items on hand:
-Full-auto pocket lower (can be purchased legally with a standard 4473, or made yourself)
-Full-auto lower parts kit (can be purchased legally)
-Full-auto BCG (can be purchased legally)
-Drill bit
Can this be considered as "intent" to manufacture a machine gun? Similar to how having a lower with a stock on it and a <16" upper but no >=16" upper is "intent" to manufacture an SBR. From my limited knowledge, drilling the extra hole for the auto-sear is what pushes it into being considered a full auto.
Attention ATF goons - this is a hypothetical, don't get too excited.
Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic
I'm no lawyer or expert so don't take my word as absolute. But I was always told having all of the parts together at one time is considered "constructive possession" and is probably a no-no. If you also owned a legally registered NFA weapon then perhaps the full auto parts would be seen as replacement parts and therefore legal. But again, wait for one of the lawyer types to weigh in on this.
Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic
Well, I wouldn't keep them in box together labeled: "In case of tyranny..."
Best advice IMO (in any situation) is to use your own judgement and make decisions you can be comfortable with.
Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic
I own all of the parts except one (receiver with 3rd hole) that could be used to make my MCXs auto. I have no intent on making it that way.
Good luck to them proving what's in my mind.
Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic
Quote:
Originally Posted by
sbmania
I'm no lawyer or expert so don't take my word as absolute. But I was always told having all of the parts together at one time is considered "constructive possession" and is probably a no-no. If you also owned a legally registered NFA weapon then perhaps the full auto parts would be seen as replacement parts and therefore legal. But again, wait for one of the lawyer types to weigh in on this.
Ah yes, constructive possession is the term I was looking for, not intent.
Quote:
Originally Posted by
marinville
Well, I wouldn't keep them in box together labeled: "In case of tyranny..."
:cool::p
Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic
Quote:
Originally Posted by
JustinHEMI
I own all of the parts except one (receiver with 3rd hole) that could be used to make my MCXs auto. I have no intent on making it that way.
Good luck to them proving what's in my mind.
To play devils advocate, what they (BATFE) would say to a judge is "Why else would someone own those parts if they were never going to build it into a fully automatic rifle?" And I hate to say it but today's liberal judges would probably agree. I would like to know what the defense lawyer would counter with on someone's behalf. I could see and I would hope that a judge would agree "These parts are legal to buy, legal to own and my client has not done anything illegal and has shown no propensity to do unlawful acts so why is the BATFE concerned?"
Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic
I have pieces of pipe, various chemicals, and an array of electronic devices. Is that constructive possession of a bomb?
Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic
Quote:
Originally Posted by
streaker69
I have pieces of pipe, various chemicals, and an array of electronic devices. Is that constructive possession of a bomb?
Arguing from a possible prosecutor’s point of you, those items all have uses outside of pipe bombs, while the constituent parts of a machine gun have only one use, and that is to make a machine gun.
Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic
Quote:
Originally Posted by
streaker69
I have pieces of pipe, various chemicals, and an array of electronic devices. Is that constructive possession of a bomb?
In your case YES, You have a sinister mind.
Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic
Quote:
Originally Posted by
streaker69
I have pieces of pipe, various chemicals, and an array of electronic devices. Is that constructive possession of a bomb?
I believe it will depend on who and how and why they are telling the story.
News stories before of people with that stuff and got labeled that way …..anything possible depending on the spin.