Constructive possession of an SBR is real btw

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MarkItZero
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Constructive possession of an SBR is real btw

#1

Post by MarkItZero »

https://casetext.com/case/us-v-kent-18

Had a spare short barrel upper separate from a rifle length ar and still caught the charge and conviction.


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Re: Constructive possession of an SBR is real btw

#2

Post by xerts1911 »

Thompson Center has to be thrilled their name came up in all this
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Re: Constructive possession of an SBR is real btw

#3

Post by campinginaz »

Looks like he was slapped with a few felonies.
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Re: Constructive possession of an SBR is real btw

#4

Post by mtptwo »

That was back in 1999. Things have changed for the better, hopefully.
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MarkItZero
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Re: Constructive possession of an SBR is real btw

#5

Post by MarkItZero »

mtptwo wrote: February 27th, 2023, 11:45 am That was back in 1999. Things have changed for the better, hopefully.
The laws haven't changed.
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Re: Constructive possession of an SBR is real btw

#6

Post by Cbvanb »

MarkItZero wrote: February 27th, 2023, 11:58 am
mtptwo wrote: February 27th, 2023, 11:45 am That was back in 1999. Things have changed for the better, hopefully.
The laws haven't changed.
Nor have the jerks enforcing it.
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Re: Constructive possession of an SBR is real btw

#7

Post by Yellowcarbon »

The Thompson Center case basically found that if you have a legal configuration to assemble it into, it isn't a SBR. He didn't have another legal configuration to use. If you have a SBR or pistol lower, you can have uppers shorter than 16". Because you can legally use it. When you have a rifle only and SBR uppers, you run into trouble. Either keep a pistol, SBR or stripped lower sitting around and you are in the clear as per the Thompson Center case.
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Re: Constructive possession of an SBR is real btw

#8

Post by QuangTri »

MarkItZero wrote: February 26th, 2023, 10:34 am https://casetext.com/case/us-v-kent-18

Had a spare short barrel upper separate from a rifle length ar and still caught the charge and conviction.
So where was this "machine gun" he was allegedly in possession of?

no mention other than the first sentence.
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Re: Constructive possession of an SBR is real btw

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Post by MarkItZero »

QuangTri wrote: February 27th, 2023, 2:42 pm
MarkItZero wrote: February 26th, 2023, 10:34 am https://casetext.com/case/us-v-kent-18

Had a spare short barrel upper separate from a rifle length ar and still caught the charge and conviction.
So where was this "machine gun" he was allegedly in possession of?

no mention other than the first sentence.
This is court text from the appeal. I don't think he appealed the MG charge.
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Re: Constructive possession of an SBR is real btw

#10

Post by delta6 »

MarkItZero wrote: February 27th, 2023, 5:14 pm
QuangTri wrote: February 27th, 2023, 2:42 pm
MarkItZero wrote: February 26th, 2023, 10:34 am https://casetext.com/case/us-v-kent-18

Had a spare short barrel upper separate from a rifle length ar and still caught the charge and conviction.
So where was this "machine gun" he was allegedly in possession of?

no mention other than the first sentence.
This is court text from the appeal. I don't think he appealed the MG charge.
His attorney didn't.
If they could have proved the MG was legal, he would have skated on the constructive possession.
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