Case law on "constructive intent"?

[Alexx1401]

I'm really and I mean really busted now.

I now have changed out my 10/22 takedown rifle to this TacSol which means I constructively could with the extra takedown stock/barrel/hand guard at my house make whatever I wanted.

But there still has to be intent. The parts lying around still doesn't make intent.

I still call BS on all this. Intent is a bubblegum to prove unless you have audio murmurings or the intent written down (of which I have none of either, just sarcastic and smart bubblegum responses).

To use it against someone first some agency would of course have to show up looking. Then of course they can "charge you" if they wish. Of course most of us are never going to have them show up to look, so lets us off. If you have done something to get them to come to you looking, well chances are good you did something to get their attention. Seldom just happens out of the blue. So if you did get their attention, and now they want to charge you, they of course still need to prove it in court. Now it could get not so fun. Yes they have to provide you with a lawyer if you can't afford one. Does not mean they have to give you one who is any match for the ones they have. Again all depends on how bad you got their attention and how bad they want to make things.
The guy I knew decades back who got jacked up for this brought it all on himself. He went full on with the "gold and silver" stuff and decided he knew the law so well he could run rings around them. When it first started I tried to tell him to back off and stop. He was hearing none of it so I put space between me and him and he soon VERY much regretted poking them.
So bottom line unless you are doing something to get the attention of the LEO's who enforce gun laws you have more chance of being hit by lightning to worry about. Now if you were to play close to the line, start pushing boundaries, then make a public thing of it? Well you may get a knock at the door one day.

 

[Member 5605]

So bottom line unless you are doing something to get the attention of the LEO's who enforce gun laws you have more chance of being hit by lightning to worry about. Now if you were to play close to the line, start pushing boundaries, then make a public thing of it? Well you may get a knock at the door one day.

That's kind of my implied statement throughout. You articulate it better!

 

[The Heretic]

Sure it is unlikely for most of us, but things change and stuff happens. Look at the owners of bumpstocks.

I would just as soon not chance losing everything that I have worked for at this point when avoiding being arrested is soooo easy and it doesn't inconvenience me to have some gun part temporarily possessed by a relative who won't be at risk storing it because they don't have a gun that it would fit on.

YMMV

 

[Alexx1401]

Sure it is unlikely for most of us, but things change and stuff happens. Look at the owners of bumpstocks.

I would just as soon not chance losing everything that I have worked for at this point when avoiding being arrested is soooo easy and it doesn't inconvenience me to have some gun part temporarily possessed by a relative who won't be at risk storing it because they don't have a gun that it would fit on.

YMMV

Hell I would love to see us go back to pre 68 gun laws but we know that's just not going to happen. Too many gun owners are all in on every new compromise that comes along. When I was young I often would push the boundaries and even flat out did stuff that was across the line. Did not show it off and there was no such thing as social media to post it too. I long ago quit, figuring it was not worth it. Now with each new gun law that comes along I just follow it. Sure as hell don't like it but not worth it to me to get on the wrong side of them.
The guy I knew who ended up in prison over it, seemed like such a waste to me. He had a comfortable life, and family. Threw it all away believing he could wave the constitution around in court and judges would just say one day, "Sir you are correct, we were all wrong and you are free to go". It was laughable at the time and sad when he went down. Over stupidity.