Pennsylvania Rifle/Pistol Barrel Length Laws

Legal & Second Amendment
21

My commentary was based off a conversation I had with an ATF agent “back in the day” that explained to me how you could get in a world of humm unintentionally. He said having “all the parts” for an M-16 but not having them together or assembled “could” be construed to having “constructive possession” of an M-16. This was the time when they were litigating the bolt of a Colt AR was a “machine gun part” while you could buy a “De-MIL’d” M-16 (to include all the FA parts and sear) from a company in NJ that I cant recall the name of.

We all may or may not know that building an M-16 is a bit more than just having the parts of the fire control group but you also have to physically modify an AR-15 lower to accept those parts. If you start hogging out the AR-15 lower to accept those parts it implies “intent”. The problem with the new rules are that you merely need to replace a “stock” with a “brace” to make a legal pistol into an SBR is the issue. Much different than having to modify a lower to create an NFA item. Constructive possession also has the addition of “intent” which is by definition circumstantial evidence where in you have done something to prove you were intending to do that which would violate the law.

So what does that mean? I own an AR-15 rifle in .223. There is a really good sale on a 450 Beowulf 10.5" fully assembled upper that I can use for deer hunting and I buy one with the mental idea that I will get a dedicated lower for it later. $hit happens, time goes by and I have this pistol upper, magazines, ammo etc and no lower. For some reason the local PD are called to your place and they notice a gun safe in the living room. They ask to look see and notice your AR-15 and your pistol upper in the same place…

There are several articles and videos available that talk about constructive possession on the web. Do your own research, check your risk tolerance and move forward.

Cheers,

Craig6

4 Likes
22

Thank you, your comment actually explains a lot, its very much appreciated. Yes, bottom line, although my risk tolerence is fairly high, I’d still rather be legal, and yes, been doing a good amount of research. I think its safe to say, that just as many laws have a huge gray area, this seems to be no different. One can only ressearch and go from there. Thanks again.

3 Likes
23

The biggest issue I see here is that LE asking to look and see should be met with “I will cooperate 100% but first I need to talk to my attorney, no I do not consent to search”. Just sayin’

But I get the point of that in that LE could somehow come across those.

That is, however, still quite a bit different than if you purchased a complete pistol 10.5" Beowulf and you possessed both a complete rifle and a complete pistol.

If owning both was a problem, even legal SBR owners would be in trouble if they also owned a rifle because they could take the short upper off their legal SBR and put it on a rifle lower.