Pennsylvania Firearm Owners Association
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  1. #1
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    Default *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.

  2. #2
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    Default 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.

  3. #3
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    Default 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.
    Last edited by marinville; February 19th, 2020 at 12:57 PM.

  4. #4
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    Default 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.
    Life has a melody.

  5. #5
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    Default Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic

    Quote Originally Posted by sbmania View Post
    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 View Post
    Well, I wouldn't keep them in box together labeled: "In case of tyranny..."

  6. #6
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    Default Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic

    Quote Originally Posted by JustinHEMI View Post
    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?"
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  7. #7
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    Default 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?
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  8. #8
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    Default Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic

    Quote Originally Posted by streaker69 View Post
    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.
    A Republic, if you can keep it. - Benjamin Franklin

  9. #9
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    Default Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic

    Quote Originally Posted by streaker69 View Post
    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.

  10. #10
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    Default Re: *HYPOTHETICAL* Question about "intent" to manufacture a fully automatic

    Quote Originally Posted by streaker69 View Post
    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.

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