M-16/AR-15 parts sets

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
 
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FyreFighter said:
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
Click to expand...

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.
 
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FyreFighter said:
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
Click to expand...

the miss information is saddening.
sw45jt.jpg
 
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
 
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FyreFighter said:
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
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you realize this is a canadian forum right?...
 
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
 
FyreFighter said:
You are correct - merely owning a mill and a billet of aluminum is not the same as owning a firearm.

The beauty of possession laws is the intent factor: good luck trying to suggest that you bought a full-auto parts kit as opposed to the far more readily available and generally less expensive semi-auto lower parts kits and receiver capable of accepting it without intending to make a full-auto firearm. Throw an M16 (full round back end) bolt instead of the AR15 bolt (cut out back end) and you make it easier for the argument of constructive possession.

FF
Click to expand...
so by your definition, if I purchase a pinned 200rd drum mag instead an cheaper readily available standard AR mag, I intent to break the law with my drill? why do I need a 200rd drum otherwise, right?
 
Get a life
FyreFighter said:
Don't be a ∂ick. It is a fair question. Simultaneously possessing the parts kit AND a lower receiver capable of accepting these parts is constructive possession of a full-auto. If you happen to have a mill, a regular AR-15 receiver is enough for constructive possession. Unless you have a prohib license, its a nasty situation. I for one choose to avoid it. Others won't. That's the beauty of a free market.

FF
Click to expand...
 
FyreFighter said:
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
Click to expand...

Here we go again with the un-informed experts....
The 3in barrel is a prohibited device, as such it is named and regulated....It may not be even posessed unless you are licensed for prohibited devices.

You would not charged if you had a spare barrel for a handgun you owned....

Installed or not if you had the handgun to go with it, no case

Please take a moment to study the law....don't mislead people unless you ARE certain
John
 
You'll notice John, that I reviewed the definition of prohibited device and edited my post before your comment.

FF
 
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