Constructive possession, posession of parts and MA AWB law

[juha_teuvonnen]

Disclaimer: I am not a layer and I am not offering legal advice.

IIRC, federal laws have a concept of "constructive possession", i.e. if you own a semi-auto firearm and parts for making it into full auto, it constitutes "constructive possession" of an NFA firearm.

Does MA have "constructive possession" when it comes to AWB? If a MA resident were to possess an AR-15 in a neutered post-ban configuration, and a post-ban spare threaded barrel, would that constitute a "constructive possession" of an "assault weapon"?

The treaded barrel could be owned for purposes other than constructing an illegal "assault weapon". For example, said resident could attach a MA legal muzzle brake permanently making this barrel legal to install in a firearm owned in MA. Such a barrel could be used to replace the original once it wears out.

The other interesting question would be regarding "constructive possession" of firearm and magazine parts.

 

[soam]

You hit on an important caveat of "constructive possession": it doesn't apply if the items in possession have legitimate, legal uses.

In the case of full-auto parts, they have no legitimate purpose if you don't own a registered machine gun, so being in possession of them is considered evidence of intent to construct an unregistered machine gun. In other words, "constructive possession"

Contrast that with an M16 bolt carrier group: an M16 BCG has a legitimate use in semi-auto AR-15s, and does not have the sole purpose of converting one to full auto, so they are legal to possess and use.

Applying the same logic to your situation, you would argue exactly as you did: the barrel can be used for legitimate purposes other than constructing an Assault Weapon, so your possession of it does not constitute evidence of intent to do so.