SB15 Brace, new ruling? Executive Action?

[Aguila Blanca]

There's also the whole doctrine of Constructive Possession that the ATF so loves. Intent factors into that as well.

Intent doesn't necessarily fit into that at all. It's not inconceivable that an avid "gun nut" who is also an avid do-it-yourselfer might have a bunch of parts lying around that could be assembled into an illegal ... something. The BATFE could 0-- and has -- prosecute for constructive possession even if the person has no intention of mating the offending parts together.

One example might be a modern reproduction shoulder stock for a Luger. Someone light buy one with the intent of displaying the stock next to the pistol, but have no intention of mounting it.

Another example might have been a flash hider during the Clinton AWB period. If you owned a legal, post-ban AR-15 with a (legal) compensator but you also had a flash suppressor on your work bench, you could have been charged with constructive possession. Not because you intended to put the flash suppressor on the AR, but because you could do so. That's the insidious aspect to the constructive possession snake.

 

[btmj]

... And this is why congress needs to pass yet another law... Something like "notwithstanding any other law, no person shall be punished with imprisonment unless the intent to violate the law was admitted by the defendant, or proven at trial"...

There are way too many federal laws that do not require "intent" to be proven, yet can result in prison time. I am OK with violation of rules being punishable by fines or other civil penalties... but criminal punishment should be reserved for those who knew they were breaking a law.

It is less of a problem at the state level, but once we fix the federal code, we can get to work fixing the states.

Jim

 

[armoredman]

Saw plenty of SIG Braces at SHOT,



Also some of the other accessory packages for the AR buffer tube.



I think the industry might be tired of playing. I heard SIG has hinted of legal action, which could be interesting, especially if we can get Alan Gura and SAF involved.