Hello all,

Okay so I am curious about this Constructive Possession jibber jabber. Long story short, I would like to in my spare time make an ATF and Hawaii legal AR15 Pistol. I have an AR15 Rifle, complete and have only purchased one part for my AR15 Pistol build so far, a completely stripped upper receiver assembly. Well I found a decent deal on a AR15 Pistol barrel a couple days ago and really wanted to buy it before its sold out but doing some research I found links to Constructive Possession but they only seem to point to if people possess a rifle lower (complete) and Pistol upper (complete) it would be constructive possession and that makes sense but I want to order this barrel and just the barrel no gas tube or hand guards or any other parts for it just yet (mainly because I’m on budget and I think buying part by part is better for me. Do any of you folks have knowledge on this subject? I have tried to visit ATFs website and tried to look this up but I have found nothing. By the way I don’t even own the tools to assemble or disassemble an AR15. I guess no one would ever know if I did buy the barrel but I am a safe side kind of guy. Thank you for any information you folks can provide.

P.S. I am waiting on lowers that have a welded mags but this deal on this plain old pistol barrel is pretty good and really didnt want it to pass me by lol.

Send it to a gun store and have them hold it till you register your pistol lower

I am just going to wait on this project, I just found out HPD has been making up their own rules IRT these ATF and Hawaii legal pistols anyway. Lucky we live in Hawaii. LOL.

I just found out HPD has been making up their own rules IRT these ATF and Hawaii legal pistols anyway. Lucky we live in Hawaii. LOL.

No comment

constructive possession is an ATF expression in which all the parts are readily available within a single confined area to bypass taxation, and is usually an add on charge for other charges.

personally I keep questionable parts under a different roof.

pretty much a judge will NOT grant a search warrant for grandmas house looking for a barrel.

no probable cause to search grandmas house, (unless you talked ) not in plain sight.  we still have our 4th Admendment rights.

btw the pic is an AOW, tax free on a Form 3 and $5 transfer tax

no probable cause to search grandmas house, (unless you talked ) not in plain sight.  we still have our 4th Admendment rights.

btw the pic is an AOW, tax free on a Form 3 and $5 transfer tax

We do until a coworker gets mad at you and claims you threatened to shoot up the office because you didn't get a promotion.  Then all 4th amendment rules are trampled in the name of safety. Your guns will be confiscated on the unsubstantiated claims of an acquaintance with a grudge. 

 
don't worry mate, I have hundreds of MG parts at the house in form of parts kits so as long as you're not intending to modify the parts its ok; HRS fails to address possession or acquire.

HRA had no objection to this (actually supported) bill a few years back which made modification of MG parts with the intention to manufacture or modify a firearm to automatic fire , a felony.

134-8(b)
     (b)  Any person who installs, removes, or alters a firearm part with the intent to convert the firearm to an automatic firearm shall be deemed to have manufactured an automatic firearm in violation of subsection

ATF is just as crazy and confusing as Hawaii gun laws. So basicly the ATF can charge people for Constructive Possession for owning a saw blade and a rifle too huh? LOL  how crazy. Like I said ill just wait till i leave Hawaii then ill buy my pistol lower in a simple fashon then ill buy my AR Pistol barrel after i get that lower. I can understand buying a whole AR15 Pistol upper but just having an upper (striped) and buying a barrel seems a little much. I might have to spend 100 dollars more for the AR Pistol barrel i want, but at least ill avoid a gosh darn Headache. A man cant have any hobbies can he? lol

I just had to bump this thread, so I have a few new 14.5" AR barrels sitting in my closet waiting for more parts to finish particular builds.  I plan on pinning and welding the muzzle device once I figure out what my final blueprint of parts I will stick with.  Would having these new barrels and enough parts to possibly build a complete upper be enough to give me the major headache in court with the ATF and police?

I just had to bump this thread, so I have a few new 14.5" AR barrels sitting in my closet waiting for more parts to finish particular builds.  I plan on pinning and welding the muzzle device once I figure out what my final blueprint of parts I will stick with.  Would having these new barrels and enough parts to possibly build a complete upper be enough to give me the major headache in court with the ATF and police?

If you have the other parts necessary to assemble an SBR, then they do not even have to prove intent, legally you already possess an NFA firearm.

"possession or control of sufficient parts to assemble an operative firearm constitutes the possession of a firearm."

US v. Thompson/Center Arms Co.
http://www.law.cornell.edu/supct/html/91-0164.ZO.html

'Constructive intent' is very misleading, it gives people the idea that they can protect themselves in an NFA situation by lacking mens rea. To be clear, SCOTUS has stated that constructive possession is equivalent to actual possession so far as NFA applies.

If you have a legal AR pistol lower that you could use the 14.5" barrel for you may be able to claim you intend to use the 14.5" barrel with that lower. Personally I would avoid maintaining possession of NFA barrels/uppers unless I had the Form 1. Note the law is concerned about possession/control not ownership so you should be fine with an FFL holding them for you until you can get them pinned.

(I am not an attorney)

The barrel alone may be different than having a complete upper, but I agree with what BigBlue said. Constructive possession is one of those things that the BATFE can pretty much make their own rules on.

Thanks for the replies.  I guess I should take these with me back to my other place in LV.  So much for hopping on deals when I see it just to save a few bucks only to gain a few major headaches.

I was wondering about this too, since I've seen deals on 10" uppers and pistol barrels, so I looked it up. I found a case where the ATF nailed a guy on other charges and found an upper, all ready to go with red dot and tac light, and used it as a tack-on charge. Seems like nothing to worry about as long as it isn't stored in the same place as any AR lower.

Constructive possession is a legal term by which they determine if someone had something illegal. For example if you were sitting at a park bench by yourself and there was a large bag of drugs 1 foot in front of you it could be legally argued that it was yours even if you weren't actually touching it.

As far as your firearm question goes this sounds like a question in the federal law. Hawaii outlaws assault pistols but it does not say anything about having the parts needed to assemble one. I don't know what the federal law says and I don't know what they apply constructed possession to. For example you cannot have a pistol grip on a pistol but you can own a pistol and a pistol grip separately.
Basically Hawaii law is not going to be a problem unless perhaps you had the parts stored in the same case where they would easily be put together.