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Posted: 7/10/2001 5:15:17 AM EDT
I am fairly new to AR's. How do I identify a pre-ban reciever? For instance, if I am at a gun show and someone is trying to sell me a a rifle assembled with a bushmaster reciever as a pre-ban rifle how do I identify that is in fact a preban rifle and not actually a post ban reciever with pre-ban upper... I guess what I am getting at... could someone basically take a post ban reciever and build it as a pre-ban rifle and then pass it off on someone like me who probally wouldn't know the difference? How do make sure this does not happen. Thanks Robert
Link Posted: 7/10/2001 6:35:13 AM EDT
Originally Posted By rdwalkup: I guess what I am getting at... could someone basically take a post ban reciever and build it as a pre-ban rifle and then pass it off on someone like me who probally wouldn't know the difference? How do make sure this does not happen.
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Sadly, this probably happens every day. The starting point is knowing the serial number ranges. If the receiver wasn't made before the ban, it cannot be a grandfathered pre-ban no matter what the seller tells you. If the receiver was made before the ban, you may want some sort of proof that it's grandfathered. ATF suggests that dealers get a signed statement from the owner of the rifle on or before 9/13/94 that the weapon was assembled or set aside with all parts necessary to make it a complete rifle. No such guideline is given for private buyers, and strictly speaking you don't HAVE to have any proof. I think a letter like the one recommended for an FFL is a good idea, though, in case you ever wind up in court having to prove the defense that your other-wise illegal rifle is a legal grandfathered pre-ban.
Link Posted: 7/10/2001 7:22:50 AM EDT
Link Posted: 7/10/2001 9:28:23 AM EDT
Link Posted: 7/10/2001 10:30:57 AM EDT
[Last Edit: 7/10/2001 10:28:28 AM EDT by Circuits]
Originally Posted By Chuck: Where does ATF make this "suggestion?"
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In their "FAQ"....
From the ATF Firearms Q&A (O17) What evidence is sufficient for Federal firearms licensees to be sure that particular semiautomatic assault weapons are "grandfathered" weapons which are not subject to the restrictions on possession and transfer? The requirement that semiautomatic assault weapons be marked "RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY" was not effective until July 5, 1995. Thus, semiautomatic assault weapons manufactured from September 13, 1994-July 4, 1995, may not be marked with the restrictive markings. Additionally, sporting weapons may have been modified after September 13, 1994, so that they are semiautomatic assault weapons, e.g., a pistol grip and magazine extension are installed on a sporting shotgun.
(The important part) Licensees obtaining semiautomatic assault weapons which do not have the restrictive marking should obtain from the seller an invoice, bill of sale, or other documentation indicating that the weapon in its present configuration was lawfully possessed on or before September 13, 1994.
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[27 CFR 178.92(a)(2)]
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Link Posted: 7/11/2001 8:21:39 AM EDT
Link Posted: 7/12/2001 5:09:06 PM EDT
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