Are most flash hiders removable?

But he just said he bought an assembled upper receiver without a barrel. An upper is not a gun, and it doesn't matter what device or threads or lack of pin and weld is on the barrel. If it's never put on a lower, it doesn't matter.

Only the gun can be non-compliant, the upper is part of that, but by itself it means nothing. I can buy an 10" barreled upper and not put it on a lower. That doesn't mean I now have an SBR or am violating the AWB with a >50oz pistol.

I believe that’s not true, that you could be guilty of constructive possession if you have all the parts needed to make an AWB or an NFA item. It’s typical MA confusion but I wouldn’t say with confidence it’s legal. And you have to worry about Federal laws as well, ie having a 10” upper and a complete lower.

In Mass, a separate upper and lower are easily assembled and are therefore a firearm.
 
I believe that’s not true, that you could be guilty of constructive possession if you have all the parts needed to make an AWB or an NFA item. It’s typical MA confusion but I wouldn’t say with confidence it’s legal. And you have to worry about Federal laws as well, ie having a 10” upper and a complete lower.

In Mass, a separate upper and lower are easily assembled and are therefore a firearm.

No they're not. In MA that's not a firearm first of all, and it's not a gun until it's capable of firing a round. That means upper must be attached to make a gun.

Even under federal law it's only constructive possession if you're dealing with a giant prick of an ATF agent and they have some sort of evidence that you've put the two together. 10" uppers go on pistols too, you know.
 
No they're not. In MA that's not a firearm first of all, and it's not a gun until it's capable of firing a round. That means upper must be attached to make a gun.

Even under federal law it's only constructive possession if you're dealing with a giant prick of an ATF agent and they have some sort of evidence that you've put the two together. 10" uppers go on pistols too, you know.

Yes, again, it's a firearm if "...a relatively slight repair, replacement, or adjustment..." can make it into one, which a complete upper and lower would certainly qualify. People have been convicted in Mass of this, you wouldn't be the first.

AR pistols are illegal in MA due to the AWB, so that argument isn't gonna work on the Feds.
 
Yes, again, it's a firearm if "...a relatively slight repair, replacement, or adjustment..." can make it into one, which a complete upper and lower would certainly qualify. People have been convicted in Mass of this, you wouldn't be the first.

AR pistols are illegal in MA due to the AWB, so that argument isn't gonna work on the Feds.

Not quite. I could make a fixed magazine AR pistol which is not covered under the AWB and totally legal as it doesn't take a detachable magazine. I could make a fixed magazine SBR which, again, does not fall under the AWB, and with the $200 tax stamp is totally legal. I could purchase a pre-ban lower and make an SBR, which, one more time, with the tax stamp is totally fine.

Just because I have 8 lowers and one short barreled upper doesn't mean I have 8 SBRs. That's not how this works. AN upper by itself is not a gun anywhere in this country.
 
Not quite. I could make a fixed magazine AR pistol which is not covered under the AWB and totally legal as it doesn't take a detachable magazine. I could make a fixed magazine SBR which, again, does not fall under the AWB, and with the $200 tax stamp is totally legal. I could purchase a pre-ban lower and make an SBR, which, one more time, with the tax stamp is totally fine.

Just because I have 8 lowers and one short barreled upper doesn't mean I have 8 SBRs. That's not how this works. AN upper by itself is not a gun anywhere in this country.

Maybe you’d win the first argument after an expensive court case, good luck with that. You’d definitely lose the second one in Mass, which considers a separate complete upper and lower a firearm as I explained multiple times. The OP is right to not want to possess a complete upper which in the presence of a complete lower would violate the Mass AWB. I personally wouldn’t care but I wouldn’t tell him it’s legal cause it’s not.

Is it retarded? Of course, that’s Mass.
 
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