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CTbuilder1
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Posted: 12/17/2007 10:40:28 PM
[Last Edit: 12/17/2007 11:28:25 PM by CTbuilder1]
This will be the thread to refer to for all preban information, facts and questions. Feel free to contribute and share your knowledge and experience of the subject with those who want to learn more.

In the state of Connecticut features such as threaded barrels, flash suppressors, bayonet lugs, folding, and collapsible stocks are banned under our Assault weapon laws. To get around these rules you have to purchase a weapon manufactured prior to September 13, 1994. These are commonly referred to as "Prebans." When you have a preban gun you can now have all of these so called "Assault features" and still be in compliance with CT laws. The price tag of these complete guns or receivers is significantly higher then a post ban so it is up to the end user if the benefits are worth the cost.

This is not just limited to AR15s, it also includes AKs, M1As, 10/22s, etc.



I'll start this off with some CT statute and build it up as we go.


Sec. 53-202a. Assault weapons: Definition. (a) As used in this section and sections 53-202b to 53-202k, inclusive, "assault weapon" means:

(1) Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user or any of the following specified semiautomatic firearms: Algimec Agmi; Armalite AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol; Calico models M-900, M-950 and 100-P; Chartered Industries of Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, FN/LAR, or FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT; Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol; Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and Scorpion; Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3; Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12 revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and Pistol; Weaver Arms Nighthawk; Wilkinson "Linda" Pistol;

(2) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (1) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (1) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person;

(3) Any semiautomatic firearm not listed in subdivision (1) of this subsection that meets the following criteria:

(A) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following:

(i) A folding or telescoping stock;

(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) A bayonet mount;

(iv) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; and

(v) A grenade launcher; or

(B) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following:

(i) An ammunition magazine that attaches to the pistol outside of the pistol grip;

(ii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer;

(iii) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;

(iv) A manufactured weight of fifty ounces or more when the pistol is unloaded; and

(v) A semiautomatic version of an automatic firearm; or

(C) A semiautomatic shotgun that has at least two of the following:

(i) A folding or telescoping stock;

(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) A fixed magazine capacity in excess of five rounds; and

(iv) An ability to accept a detachable magazine; or

(4) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (3) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (3) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person.

(b) As used in this section and sections 53-202b to 53-202k, inclusive, the term "assault weapon" does not include any firearm modified to render it permanently inoperable.


THIS IS THE SECTION DEALING WITH PREBAN WEAPONS:
Sec. 53-202m. Circumstances when assault weapons exempt from limitations on transfers and registration requirements. Notwithstanding any provision of the general statutes, sections 53-202a to 53-202l, inclusive, shall not be construed to limit the transfer or require the registration of an assault weapon as defined in subdivision (3) or (4) of subsection (a) of section 53-202a, provided such firearm was legally manufactured prior to September 13, 1994.

CTbuilder1
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Posted: 12/17/2007 10:51:45 PM
[Last Edit: 12/18/2007 12:39:14 AM by CTbuilder1]
Articles concerning preban gun manufacturers serial number cut-offs:

here

and Brownells article with some of the same information here

Quote from JStang who found this innacuracy in the Brownells article.
"Their article is wrong with regard to Bushmaster. The S/N below LO63000, not 106300"

Preban Colts are banned by name in the state of Connecticut with the rare exception of the Colt Carbine. There are only around 400 of these floating around the USA becuase they were originally made for export. These are not banned by name because they do not bear the markings of "AR15" "SP1" or "Sporter". They are known as the R6521. here is some info and pictures of them.

audibk
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Posted: 12/17/2007 11:05:12 PM
The section of 53-202m below is the gray area where I would recommend that you buy something that was shipped as a complete rifle or that the original owner sign something like an affidavit that it was built as an assault weapon as defined in (3) or (4) prior to 9/13/1994. A lower manufactured prior to that date but never assembled is not allowed to have evil features as I interpret the law. Of course the usual disclaimers apply, I am not a lawyer.

53-202m "of an assault weapon as defined in subdivision (3) or (4) of subsection (a) of section 53-202a, provided such firearm was legally manufactured prior to September 13, 1994."

Since Olympic burnt, .... I mean had a fire, all of their lowers manufactured prior to "the date" are preban. Bushmaster can tell you wether it was shipped as a complete rifle or lower only and if it was a lower only in 1993 you can pretty much assume it was assembled but if it was shipped as a lower only in August of 1994 I would demand a letter or something signed and notarized that it was assembled as a complete rifle with evil features prior to 9/13/1994.

So, I know some of you don't interpret the law this way but that is how I inrerpret it and I am a fairly intelligent person just ask me. ... LOL.....

Kevin
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Posted: 12/17/2007 11:11:42 PM
Yes this is a grey area for a lot of people. But on an AR15 the lower receiver is technically the firearm. It is the only part with the serial number on it and it is the part that is registered. So that is why this is open to interpretation and it is up to the discretion of the buyer to chose. I agree with you though concerning documentation of the weapon. It provides an extra peace of mind.
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Posted: 12/17/2007 11:59:31 PM
[Last Edit: 12/18/2007 12:00:19 AM by audibk]
Maybe just to clarify,

The law says "provided such firearm" and SUCH FIREARM is referring to "an assault weapon as defined in subdivision (3) or (4) of subsection (a) of section 53-202a" so I find it hard to argue that a lower only will meet this criteria. The gray or grey area comes into play when you have a lower with a collapsible stock on it. A lower with a collapsible or folding stock would meet the 2 evil feature requirement and therefore a "lower only" would be legal with evil features so we need to know if it was a "stripped" or what I like to call a "naked" lower or was it a complete lower. This is really the area of question.

So, if the date is close or the confirmation is "lower only" it would be a good idea to get a letter.

Kevin
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Posted: 12/18/2007 12:09:38 AM
[Last Edit: 12/18/2007 12:14:48 AM by audibk]
Hopefully this link will stay active.


PreBan Serial Numbers

For Olympic Numbers use this link but scroll down to see numbers

Olympic Serial Number Information

Bushmaster needs an email or letter to confirm they won't do it over the phone.

CTbuilder1
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Posted: 12/18/2007 12:27:28 AM
I fully see what you are saying about this. A complete rifle would have a much better chance of meeting subdivision 3 requirements, due to a flash suppressor and bayonette lug, even if the lower had an A2 fixed stock.
But how do we interpret subdivison 4?

(4) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (3) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (3) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person.

So if I buy a stripped preban lower and am in possession of a collapsible stock wouldn't that satisfy the requirements of this subdivision?

For the record, My prebans include 2 PWAs one with a 4 digit serial and one in the 18000s, so both of those are far enough away from the ban date there is nothing to worry about. My Eagle Arms has documentation that it left the factory as a complete rifle in '94. My Stoner SR25 has documentation and my Norinco 84s is far older then the AWB, in fact it came in before the import ban.

CTbuilder1
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Posted: 12/18/2007 12:33:18 AM
The more I am reading the section of statute and thinking about it, the more I am starting to see your point about stripped lowers not making the cut. I guess this is an aspect of prebans worth a lot more research to get a definitive answer.
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Posted: 12/18/2007 12:45:01 AM
I guess it is also worth mentioning that anyone who wants to put a silencer on an AR15 in CT would have to have a preban to do so. The simple answer why is that to attach a silencer you would need a threaded barrel, which you cannot have on a post ban. But it goes beyond that as well. Some may ask what if I have a quick attach suppressor mount permanently attached to the barrel? Well a silencer itself is also classified as a flash suppressor which would send you over the 2 "assault features" count and therefore make an illegal assault weapon. With a preban this is not a problem.
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Posted: 12/18/2007 1:16:16 AM
[Last Edit: 12/18/2007 1:17:42 AM by Timmee]
I wonder if this is something that CT wouldn't consider a pistol grip: www.californiarifles.com/

If they wouldn't consider it a pistol grip, then we could have a flash suppressor, threaded barrel, or suppressor on a post-ban.
KD185
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Posted: 12/18/2007 6:20:42 AM

Originally Posted By Timmee:
I wonder if this is something that CT wouldn't consider a pistol grip: www.californiarifles.com/

If they wouldn't consider it a pistol grip, then we could have a flash suppressor, threaded barrel, or suppressor on a post-ban.


i dont see why not there legal in cali

ive always wondered that about the the thumb hole stocks


(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;


depending how you read it i think a thumb hole stock or the cali stock dosent fit a pistol grip definetion
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Posted: 12/18/2007 8:37:20 AM



i'm glad this is finally up, since this question gets asked so frequently, and gets answered incorrectly just as frequently.


JAD
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Posted: 12/18/2007 9:28:06 AM

Originally Posted By CTbuilder1:
Yes this is a grey area for a lot of people. But on an AR15 the lower receiver is technically the firearm. It is the only part with the serial number on it and it is the part that is registered. So that is why this is open to interpretation and it is up to the discretion of the buyer to chose. I agree with you though concerning documentation of the weapon. It provides an extra peace of mind.

But recall that the 1994 Federal Crime Bill required several conditions be met for a firearm to retain pre-ban status:

  1. The reciever must have been made before 13 September 1994

  2. The reciever had to have been assembled as a complete firearm before 13 September 1994

  3. The firearm made with such reciever must have had assault weapon features before 13 September 1994


Remember that the State Of Connecticut defines a firearm as "any sawed-off shotgun, machinegun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from WHICH A SHOT MAY BE DISCHARGED.

A stripped reciever has NO capability of being used to fire a shot, unless assembled into a complete firearm. This is, coincidentally, very similar to the definition used by the feds, who define a reciever as a firearm for transfer purposes. I couldn't find the word 'frame' or 'reciever' anywhere in Connecticut law.
CTbuilder1
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Posted: 12/18/2007 9:32:56 AM
Yeah, that cali stock would free up one feature. But I don't know if I would be willing to give up the functionality of a pistol grip when you can purchase a preban and have it all. I feel real bad for what those gun owners in California have to deal with. We have it pretty good here considering all NFA weapons are legal and a preban gun gets us around the BS AWB. Only thing we are screwed out of is select fire.
CTbuilder1
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Posted: 12/18/2007 9:43:39 AM

Originally Posted By JAD:

Originally Posted By CTbuilder1:
Yes this is a grey area for a lot of people. But on an AR15 the lower receiver is technically the firearm. It is the only part with the serial number on it and it is the part that is registered. So that is why this is open to interpretation and it is up to the discretion of the buyer to chose. I agree with you though concerning documentation of the weapon. It provides an extra peace of mind.

But recall that the 1994 Federal Crime Bill required several conditions be met for a firearm to retain pre-ban status:

  1. The receiver must have been made before 13 September 1994

  2. The receiver had to have been assembled as a complete firearm before 13 September 1994

  3. The firearm made with such receiver must have had assault weapon features before 13 September 1994


Remember that the State Of Connecticut defines a firearm as "any sawed-off shotgun, machinegun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from WHICH A SHOT MAY BE DISCHARGED.

A stripped receiver has NO capability of being used to fire a shot, unless assembled into a complete firearm. This is, coincidentally, very similar to the definition used by the feds, who define a receiver as a firearm for transfer purposes. I couldn't find the word 'frame' or 'receiver' anywhere in Connecticut law.


The federal assault weapon ban has sunsetted and therefore it's terminology no longer applies. CT assault weapon ban is written up differently. A lower receiver is a firearm. If it wasn't why does it have to be transferred on a DPS-3-C form, why does it require a 2 week wait with no permit, why can it only be shipped to an FFL and not to your doorstep. On a DPS-3-C form it is listed as a rifle even in stripped form and bears a serial number the same as a complete rifle.
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Posted: 12/18/2007 9:55:25 AM
[Last Edit: 12/18/2007 10:03:19 AM by Wobblin-Goblin]
The original definition of an "assault weapon" in the 1993 CT AWB was one of only two things: A listed firearm (such as Colt Sporter, etc) or a semi-auto with a happy switch. Those firearms had to be registered in order to remain legal. In 2001 the definition was expanded greatly, but no additional requirement to register firearms was included.

As best as I can tell, this means semi-auto "pre-bans" which DID NOT meet the ORIGINAL (1993) definition of an AW, but did fall under the 2001 expansion still DO NOT need to be registered.

Am I correct?

(I think I am, because of the lack of a requirement to register in the 2001 legislation)
Grandfathering weapons only puts off until tomorrow what tyranny cannot accomplish today.

The only people made safer by gun control are criminals.
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Posted: 12/18/2007 10:01:19 AM
Sec. 53a-3. Definitions. Except where different meanings are expressly specified, the following terms have the following meanings when used in this title:

(15) "Machine gun" means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a submachine gun;

(16) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger;

(17) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;

(18) "Pistol" or "revolver" means any firearm having a barrel less than twelve inches;

(19) "Firearm" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from which a shot may be discharged;

In a lot of other statutes a firearm is refered to as being defined by sec. 53a-3. In the assault weapon statute there is no reference made to 53a-3 and an assaut weapon is defined within its own section. I am wondering if this falls under "Except where different meanings are expressly specified"?
Scott40
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Posted: 12/18/2007 1:20:23 PM

Originally Posted By JAD:

Remember that the State Of Connecticut defines a firearm as "any sawed-off shotgun, machinegun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from WHICH A SHOT MAY BE DISCHARGED.

A stripped reciever has NO capability of being used to fire a shot, unless assembled into a complete firearm. This is, coincidentally, very similar to the definition used by the feds, who define a reciever as a firearm for transfer purposes. I couldn't find the word 'frame' or 'reciever' anywhere in Connecticut law.


That definintion of firearm is for the penal code section not the section that the AWB is under so it has no relivance to the AWB.
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Posted: 12/18/2007 1:24:10 PM
[Last Edit: 12/18/2007 1:28:00 PM by Scott40]

Originally Posted By CTbuilder1:
Sec. 53a-3. Definitions. Except where different meanings are expressly specified, the following terms have the following meanings when used in this title:

(15) "Machine gun" means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a submachine gun;

(16) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger;

(17) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;

(18) "Pistol" or "revolver" means any firearm having a barrel less than twelve inches;

(19) "Firearm" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from which a shot may be discharged;

In a lot of other statutes a firearm is refered to as being defined by sec. 53a-3. In the assault weapon statute there is no reference made to 53a-3 and an assaut weapon is defined within its own section. I am wondering if this falls under "Except where different meanings are expressly specified"?


Title 53a is the Penal Code and Title 53 is crimes where the AWB is. Those definitions are for Title 53a and have no bearing on title 53 unless it is stated in the particular law.

"following terms have the following meanings when used in this title:" wich is not the title the AWB is under.

CTbuilder1
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Posted: 12/18/2007 1:50:02 PM

Originally Posted By Scott40:

Originally Posted By CTbuilder1:
Sec. 53a-3. Definitions. Except where different meanings are expressly specified, the following terms have the following meanings when used in this title:

(15) "Machine gun" means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a submachine gun;

(16) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger;

(17) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;

(18) "Pistol" or "revolver" means any firearm having a barrel less than twelve inches;

(19) "Firearm" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from which a shot may be discharged;

In a lot of other statutes a firearm is refered to as being defined by sec. 53a-3. In the assault weapon statute there is no reference made to 53a-3 and an assault weapon is defined within its own section. I am wondering if this falls under "Except where different meanings are expressly specified"?


Title 53a is the Penal Code and Title 53 is crimes where the AWB is. Those definitions are for Title 53a and have no bearing on title 53 unless it is stated in the particular law.

"following terms have the following meanings when used in this title:" which is not the title the AWB is under.



So do you agree that a lower receiver qualifies as a "firearm" in regard to 53-202m?
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Posted: 12/18/2007 1:52:59 PM

Originally Posted By Wobblin-Goblin:
The original definition of an "assault weapon" in the 1993 CT AWB was one of only two things: A listed firearm (such as Colt Sporter, etc) or a semi-auto with a happy switch. Those firearms had to be registered in order to remain legal. In 2001 the definition was expanded greatly, but no additional requirement to register firearms was included.

As best as I can tell, this means semi-auto "pre-bans" which DID NOT meet the ORIGINAL (1993) definition of an AW, but did fall under the 2001 expansion still DO NOT need to be registered.

Am I correct?

(I think I am, because of the lack of a requirement to register in the 2001 legislation)


Yes you are correct ,in that semi-auto prebans (unlisted) do not have to be registered and can still be transfered.
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Posted: 12/18/2007 2:01:21 PM
This thread should be tacked! Mods please tack this
Scott40
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Posted: 12/18/2007 2:03:13 PM

Originally Posted By CTbuilder1:

Originally Posted By Scott40:

Originally Posted By CTbuilder1:
Sec. 53a-3. Definitions. Except where different meanings are expressly specified, the following terms have the following meanings when used in this title:

(15) "Machine gun" means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a submachine gun;

(16) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger;

(17) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;

(18) "Pistol" or "revolver" means any firearm having a barrel less than twelve inches;

(19) "Firearm" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from which a shot may be discharged;

In a lot of other statutes a firearm is refered to as being defined by sec. 53a-3. In the assault weapon statute there is no reference made to 53a-3 and an assault weapon is defined within its own section. I am wondering if this falls under "Except where different meanings are expressly specified"?


Title 53a is the Penal Code and Title 53 is crimes where the AWB is. Those definitions are for Title 53a and have no bearing on title 53 unless it is stated in the particular law.

"following terms have the following meanings when used in this title:" which is not the title the AWB is under.



So do you agree that a lower receiver qualifies as a "firearm" in regard to 53-202m?


Last time I looked there was nothing that defined what a "firearm" is in that title, The closest thing would be to go with what the ATF has defined and thats a receiver. Plenty of gun shops in this state will sell pre-ban AR lowers built into complete rifles so that also leads me to believe they got the go head from the DPS to sell them, plus I know plenty of troopers that own pre-ban lowers on non work guns.
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Posted: 12/18/2007 2:10:24 PM

Originally Posted By Scott40:

Originally Posted By CTbuilder1:

Originally Posted By Scott40:

Originally Posted By CTbuilder1:
Sec. 53a-3. Definitions. Except where different meanings are expressly specified, the following terms have the following meanings when used in this title:

(15) "Machine gun" means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a submachine gun;

(16) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger;

(17) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;

(18) "Pistol" or "revolver" means any firearm having a barrel less than twelve inches;

(19) "Firearm" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from which a shot may be discharged;

In a lot of other statutes a firearm is refered to as being defined by sec. 53a-3. In the assault weapon statute there is no reference made to 53a-3 and an assault weapon is defined within its own section. I am wondering if this falls under "Except where different meanings are expressly specified"?


Title 53a is the Penal Code and Title 53 is crimes where the AWB is. Those definitions are for Title 53a and have no bearing on title 53 unless it is stated in the particular law.

"following terms have the following meanings when used in this title:" which is not the title the AWB is under.



So do you agree that a lower receiver qualifies as a "firearm" in regard to 53-202m?


Last time I looked there was nothing that defined what a "firearm" is in that title, The closest thing would be to go with what the ATF has defined and thats a receiver. Plenty of gun shops in this state will sell pre-ban AR lowers built into complete rifles so that also leads me to believe they got the go head from the DPS to sell them, plus I know plenty of troopers that own pre-ban lowers on non work guns.


Yeah, thats the way I have been looking at it. It is too bad that troopers can only cary Colts in this state. So if you want to carry a personal rifle (if you are not a Rifleman, On the Tactical Team, or don't feel like signing one out and back in every time) it has to be a post ban, unless you can get your hands on a preban Colt Carbine.
Cabinetman
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Posted: 12/18/2007 2:27:16 PM
I have to agree that a pre-ban lower IS, in fact, the firearm as it's what has the serial number on it.

In my very humble opinion, the disucussion about having it xfered as a 'whole rifle" is really moot. Consider this. Assume, for a moment, you purchase a pre-ban rifle complete. The very next day, you tear it down and build it into something totally different: different caliber, shorter barrel, different stock config, etc., etc. So, now what? Is that rifle no longer the "original" rifle that was purchased and does that now exempt it from the regs? How the heck would ANYONE possibly know? I find that very hard to believe.

We've all been schooled that a receiver IS the gun as mentioned and there's nothing that concretely states that we can not purchase a stripped preban receiver and add our own compenents to it. What would happen if the preban you purchased had all brand new components on it like an M4? Would that prohibit you from "restoring" it to it's original A1 configuration? I can't see how it would. Finally, there were many companies who manufactured stripped preban lowers that were never rifles until the new owner built one from them. Are these exempt? How would anyone know? Preban is either preban all the time or it's not. There can't be any other explanation.

The second thing that I've wanted to discuss is the AK47/assault rifle situation.

I have a question.

The State of Connecticut has adopted some draconian interpretations that specifically affect the AK47 clones in 7.62 x 39, claiming that it is a bonefide assault rifle and then they required all of us who wished to keep ours to register them as assault weapons with the state by a date certain. Here's my question: Would you all not agree that since they are now all registered assault weapons, that any registered AK47 clone could now have all the "evil" bits that an assault rifle is noted for (e.g. bayo lug, threaded barrel, folding stock) regardless of age by State's own definition of what an assault rifle is??? In my humble opinion it does. The State can't have it both ways. They can either allow us to own properly registered semi AK47s clones that comply with the State's strict AWB regs or they can demand that we register our semi AK47 clones as assault weapons (GOSH I Hate that term!) and that , too me, means that bayo lugs and folding stocks et al go along with assault rifles.

What do you think?

I've been wanting to ask this question for a long time.

Rome

bullyforyou
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Posted: 12/18/2007 3:14:33 PM
[Last Edit: 12/18/2007 3:21:22 PM by bullyforyou]

Originally Posted By Cabinetman:
*snip*
The State of Connecticut has adopted some draconian interpretations that specifically affect the AK47 clones in 7.62 x 39, claiming that it is a bonefide assault rifle and then they required all of us who wished to keep ours to register them as assault weapons with the state by a date certain. Here's my question: Would you all not agree that since they are now all registered assault weapons, that any registered AK47 clone could now have all the "evil" bits that an assault rifle is noted for (e.g. bayo lug, threaded barrel, folding stock) regardless of age by State's own definition of what an assault rifle is??? In my humble opinion it does. The State can't have it both ways. They can either allow us to own properly registered semi AK47s clones that comply with the State's strict AWB regs or they can demand that we register our semi AK47 clones as assault weapons (GOSH I Hate that term!) and that , too me, means that bayo lugs and folding stocks et al go along with assault rifles.

What do you think?

I've been wanting to ask this question for a long time.

Rome



no.

semiauto rifles with pistol grips and detachable mags made after Sept. '94 cannot have the extra naughty bits.

i think you are getting mixed up here.

1) "properly registered" AW's don't have to comply with the state AWB. that's WHY they are registered AW's...

2) the only weapons that DO have to comply are weapons manufactured after the cutoff date, which don't have to be registered since by complying with the state's AWB are not "assault weapons"

3) the sate doesn't have to do anything, let alone open the registry which...

4) is closed forever excepting extremely rare circumstances which probably don't even apply to anyone anymore. which means you can either buy a gun manufactured post-94 and leave off the extras, or hunt down a pre-94 gun. regarding AK's, i don't think there really are any "pre-bans" that are legal to own in CT in 7.62, though i'm not up to speed on CT law in this regard.



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