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Posted: 4/22/2015 3:13:05 AM EDT
I have a pre ban lower that was never built. Is it legal to build it into a pistol in the banned states of California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey and New York.
Link Posted: 4/22/2015 10:25:34 AM EDT
[#1]
Each of those states has different "AW" bans.

Some (California for example) are definite "no".  There are only a couple states left where "preban" has any applicability, and unknown whether either or both of those would confer preban status on a newly made "AW" assembled on an old receiver.
Link Posted: 4/22/2015 11:38:33 AM EDT
[#2]
Only CT and MA now
Link Posted: 4/23/2015 2:31:15 AM EDT
[#3]
Does CT and MA share the same stance as the ATF in regard to building an AR pistol out of a stripped lower? I understand that as long as the lower wasn't factory built as a rifle it can be built as a pistol.  Im trying to decide if I should list this lower for sale and I don't wanna say it can be used to build into a pre-ban pistol if it can't.  If I am asking this in the wrong forum please point me in the right direction.
Link Posted: 4/23/2015 1:07:49 PM EDT
[#4]
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Quoted:
I don't wanna say it can be used to build into a pre-ban pistol if it can't.
View Quote

Then don't.  Why do you need to do research on what is legal for someone in some other state to do?  Just list it for what it is, describe it accurately, and let the buyer figure out if it is suitable for their purpose.
Link Posted: 4/23/2015 1:25:55 PM EDT
[#5]
what are you trying to do here OP?

If you are outside the iron curtain of cali dont even bother with CA compliance. new 2015 Ar pistol builds can be a nightmare if you dont know all the laws. They have to be built per SSE 2.0 if what the cali people call it.
Link Posted: 4/23/2015 7:08:52 PM EDT
[#6]
I bought the lower because I thought it was unique and I figured id use it on my next pistol build. Then I did a little homework and found out its a pre-ban J15 made by Essential Arms.  This lower looks new and shows no signs of ever being built. So im trying to find out what its worth. I was told it may be worth quite a bit in CT. I listed it on GB with a high reserve but I may just pull the listing and keep it. I think its a neat lower. I live in Alaska and I dont know much if any about pre-ban firearms.
Link Posted: 4/23/2015 11:28:09 PM EDT
[#7]
IIRC the BAFT looks to see how it was originally sold on the form.  Was it sold as a rifle or a pistol?  That is what I understand is the determining fact no matter if built or not.  I Highly recommend get a copy of the original BATF form or a letter from the Tech Branch (not a field agent) to CYA.
Link Posted: 4/23/2015 11:57:06 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
IIRC the BAFT looks to see how it was originally sold on the form.  Was it sold as a rifle or a pistol?  That is what I understand is the determining fact no matter if built or not.  I Highly recommend get a copy of the original BATF form or a letter from the Tech Branch (not a field agent) to CYA.
View Quote


What is this "original BATF form"? If you mean a 4473, be advised that:

- nobody in ATF has that 4473 unless it's from an FFL that has gone out of biz
- what an FFL correctly or incorrectly marks on a 4473 does not definitively determine the legal classification of  a firearm, nor the legality of any given future configuration of it.

If you mean how it left the manufacturer or OEM, they have the records, not the ATF, unless they have gone out of business.

- OS
Link Posted: 4/24/2015 8:05:41 AM EDT
[#9]
In the old days of the ban, it wasn't a preban unless it had been built.  If it didn't have evil features prior to the ban, regardless of date the receiver was made it couldnt ave them after.  Now that was tough to prove but selling it as never been built would be that proof.  I have no idea how this applies to crazy state laws.
Link Posted: 4/24/2015 10:27:24 PM EDT
[#10]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


IIRC the BAFT looks to see how it was originally sold on the form.  Was it sold as a rifle or a pistol?  That is what I understand is the determining fact no matter if built or not.  I Highly recommend get a copy of the original BATF form or a letter from the Tech Branch (not a field agent) to CYA.
View Quote
I know that when it was sold to me it went through NICS 4473 as OTHER.  Maybe it transferred as OTHER originally.  BATF should know.



 
Link Posted: 4/24/2015 10:29:20 PM EDT
[#11]

Discussion ForumsJump to Quoted PostQuote History
Quoted:
What is this "original BATF form"? If you mean a 4473, be advised that:



- nobody in ATF has that 4473 unless it's from an FFL that has gone out of biz

- what an FFL correctly or incorrectly marks on a 4473 does not definitively determine the legal classification of  a firearm, nor the legality of any given future configuration of it.



If you mean how it left the manufacturer or OEM, they have the records, not the ATF, unless they have gone out of business.



- OS
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:

IIRC the BAFT looks to see how it was originally sold on the form.  Was it sold as a rifle or a pistol?  That is what I understand is the determining fact no matter if built or not.  I Highly recommend get a copy of the original BATF form or a letter from the Tech Branch (not a field agent) to CYA.




What is this "original BATF form"? If you mean a 4473, be advised that:



- nobody in ATF has that 4473 unless it's from an FFL that has gone out of biz

- what an FFL correctly or incorrectly marks on a 4473 does not definitively determine the legal classification of  a firearm, nor the legality of any given future configuration of it.



If you mean how it left the manufacturer or OEM, they have the records, not the ATF, unless they have gone out of business.



- OS
Damn.  Maybe the new Essential Arms could tell me.



 
Link Posted: 4/25/2015 2:36:51 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I know that when it was sold to me it went through NICS 4473 as OTHER.  Maybe it transferred as OTHER originally.  BATF should know.
 
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
IIRC the BAFT looks to see how it was originally sold on the form.  Was it sold as a rifle or a pistol?  That is what I understand is the determining fact no matter if built or not.  I Highly recommend get a copy of the original BATF form or a letter from the Tech Branch (not a field agent) to CYA.
I know that when it was sold to me it went through NICS 4473 as OTHER.  Maybe it transferred as OTHER originally.  BATF should know.
 


No, BATF doesn't know. They'd have to trace it.

Again, legality does not depend on how it was transferred by any given FFL.

- OS
Link Posted: 4/25/2015 2:47:49 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Damn.  Maybe the new Essential Arms could tell me.
 
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
IIRC the BAFT looks to see how it was originally sold on the form.  Was it sold as a rifle or a pistol?  That is what I understand is the determining fact no matter if built or not.  I Highly recommend get a copy of the original BATF form or a letter from the Tech Branch (not a field agent) to CYA.


What is this "original BATF form"? If you mean a 4473, be advised that:

- nobody in ATF has that 4473 unless it's from an FFL that has gone out of biz
- what an FFL correctly or incorrectly marks on a 4473 does not definitively determine the legal classification of  a firearm, nor the legality of any given future configuration of it.

If you mean how it left the manufacturer or OEM, they have the records, not the ATF, unless they have gone out of business.

- OS
Damn.  Maybe the new Essential Arms could tell me.
 


Whoever's name is on the thing can tell you how it originally left their facility. Some will take the time to do it and some won't.

- OS
Link Posted: 4/25/2015 9:37:17 PM EDT
[#14]
Nobody in Maryland will care about pre-ban status.  The new law covers rifles, not pistols.  We can legally build a pistol on a new lower.  But we can't build a new rifle to pre-ban specs, no matter how old the receiver is.  If you didn't own it before October of last year, you're out of luck.  We can own Colt HBAR's or their equivalent, so it's not that big a deal.  Just has to be a heavy barrel, not pencil or M4 profile.
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