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Thread: M-16/AR-15 parts sets

  1. #81
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    Its different. In this case, the crime is one of possession, not action. You would be charged with possession of a prohibited firearm, not the act of constructing a prohibited firearm.

    Can I buy a 3" barrel for a revolver? Sure.
    Would I be charged if I own both a 3" barrel AND the revolver which it fits? Yes.
    Would that charge stick if I have not installed the barrel? Yep.

    It is the same logic that gets people DUIs while sleeping it off in a bar parking lot. If you hold the keys, you are in care & control of the vehicle, even if the engine isn't running.

    Edit: the part is red is not true.
    FF
    Last edited by FyreFighter; 05-04-2015 at 01:40 PM.

  2. #82
    CGN Ultra frequent flyer Brordo's Avatar
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    Quote Originally Posted by FyreFighter View Post
    Its different. In this case, the crime is one of possession, not action. You would be charged with possession of a prohibited firearm, not the act of constructing a prohibited firearm.

    Can I buy a 3" barrel for a revolver? Sure.
    Would I be charged if I own both a 3" barrel AND the revolver which it fits? Yes.
    Would that charge stick if I have not installed the barrel? Yep.

    It is the same logic that gets people DUIs while sleeping it off in a bar parking lot. If you hold the keys, you are in care & control of the vehicle, even if the engine isn't running.

    FF
    You're getting it a little mixed up...in your example the barrel itself is the prohibited part (and illegal to own, unless you're grandfathered for that revolver). These (lower) parts are not illegal to own here. The constructive intent you site is an American law and you're correct that this parts kit down south would be considered a machine gun and illegal. So Marstar sells them here where there is no issue. I think I've got this right but if not hopefully someone will correct me (and not nastily...). Couldn't using the M16 trigger, disconnector, selector and an M16 BCG induce "hammer follow" (a malfunction)? I'd be more concerned with that.
    Last edited by Brordo; 05-04-2015 at 02:09 PM. Reason: punctuation
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  3. #83
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    you are exactly right Brordo

  4. #84
    CGN frequent flyer 223762's Avatar
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    Quote Originally Posted by FyreFighter View Post
    Its different. In this case, the crime is one of possession, not action. You would be charged with possession of a prohibited firearm, not the act of constructing a prohibited firearm.

    Can I buy a 3" barrel for a revolver? Sure.
    Would I be charged if I own both a 3" barrel AND the revolver which it fits? Yes.
    Would that charge stick if I have not installed the barrel? Yep.

    It is the same logic that gets people DUIs while sleeping it off in a bar parking lot. If you hold the keys, you are in care & control of the vehicle, even if the engine isn't running.

    FF
    the miss information is saddening.

  5. #85
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    Here's the law:

    A short barrel is not a prohibited device. (which is why 14" factory barrels are fine on Rem 870's). A firearm with a shortened barrel is a prohibited firearm. (I checked the definition: a 3" handgun barrel IS a prohibited device)
    Constructive possession is not American law. It is a legal theory commonly used in all sorts of Canadian prosecutions, including the DUI cases I mentioned.

    I am not saying these parts are not legal to own in Canada. Marstar knows the laws well enough to not do something illegal. Obviously, bringing them to the US is a no-no.

    My point is merely this: owning these parts COULD conceivably become part of a larger issue you may become involved in. Is it likely? Probably not. For me, the benefit of owning an autosear doesn't outweigh the risk of me forgetting it in my parts box when I cross.

    And if I am misinformed, please do cite the law or regulation. If I am wrong, I will admit it.

    And for what it is worth, constructive possession is an issue for me: the SAFE Act in NY defines an assault weapon as a semi-auto having a detachable magazine, and

    • a muzzle device OR threaded barrel for muzzle device OR
    • a pistol grip/thumbhole stock/vertical foregrip OR
      [a bayonet lug OR
    • a folding/collapsible stock


    My idea for transporting a purchase OUT OF NY was to separate an AR into upper and lower halves, removing the buffer tube from the lower. This way, I figured, there's no issue: at no point do I have a rifle with those characteristics. A lawyer at my NYS club advised me against that: simply having all the pieces simultaneously makes it an assault weapon. Does it matter that I am exporting it? Nope.

    Do what you like. Its a free country.

    FF
    Last edited by FyreFighter; 05-04-2015 at 01:39 PM.

  6. #86
    CGN frequent flyer 223762's Avatar
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    Quote Originally Posted by FyreFighter View Post
    Here's the law:

    A short barrel is not a prohibited device. (which is why 14" factory barrels are fine on Rem 870's). A firearm with a shortened barrel is a prohibited firearm. (I checked the definition: a 3" handgun barrel IS a prohibited device)
    Constructive possession is not American law. It is a legal theory commonly used in all sorts of Canadian prosecutions, including the DUI cases I mentioned.

    I am not saying these parts are not legal to own in Canada. Marstar knows the laws well enough to not do something illegal. Obviously, bringing them to the US is a no-no.

    My point is merely this: owning these parts COULD conceivably become part of a larger issue you may become involved in. Is it likely? Probably not. For me, the benefit of owning an autosear doesn't outweigh the risk of me forgetting it in my parts box when I cross.

    And if I am misinformed, please do cite the law or regulation. If I am wrong, I will admit it.

    And for what it is worth, constructive possession is an issue for me: the SAFE Act in NY defines an assault weapon as a semi-auto having a detachable magazine, and

    • a muzzle device OR threaded barrel for muzzle device OR
    • a pistol grip/thumbhole stock/vertical foregrip OR
      [a bayonet lug OR
    • a folding/collapsible stock


    My idea for transporting a purchase OUT OF NY was to separate an AR into upper and lower halves, removing the buffer tube from the lower. This way, I figured, there's no issue: at no point do I have a rifle with those characteristics. A lawyer at my NYS club advised me against that: simply having all the pieces simultaneously makes it an assault weapon. Does it matter that I am exporting it? Nope.

    Do what you like. Its a free country.

    FF
    you realize this is a canadian forum right?...

  7. #87
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    Yes. You realize constructive possession still applies right?

    FF

    Quote Originally Posted by 223762 View Post
    you realize this is a canadian forum right?...

  8. #88
    CGN frequent flyer 223762's Avatar
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    Quote Originally Posted by FyreFighter View Post
    Yes. You realize constructive possession still applies right?

    FF
    well if it was the case. everyone with a pinned mag and a cordless drill would be a criminal.
    like you said make your own choices. have a good day FF.

    cheers
    223762

  9. #89
    CGN Ultra frequent flyer Deckard's Avatar
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    Wankers ruin CGN everytime.
    Listen, and understand. That Liberal is out there. It can’t be bargained with. It can’t be reasoned with. It doesn’t feel pity, or remorse- only fear. And it absolutely will not stop, ever, until your guns are gone.

  10. #90
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    no matter what,,these kits will be gone by day's end,,LOL...i guess there's enough people who aren't to scared of these kits,,LOL

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