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Posted: 10/20/2004 1:52:28 PM EST

I heard that for a AR to maintain a pre94 ban status. (prior to the sunset for must of you.)

1. It had to be a complete rifle before the ban of 94.

2. that if the lower was sold without the upper it had to have a stock on it.?

can anyone held or direct me to where I could get a answer.

Thanks
John


bart92@hvc.rr.co
Link Posted: 10/20/2004 2:19:02 PM EST

Originally Posted By bo99:
I heard that for a AR to maintain a pre94 ban status. (prior to the sunset for must of you.)

1. It had to be a complete rifle before the ban of 94.


Or part of a complete kit.



2. that if the lower was sold without the upper it had to have a stock on it.?

That is incorrect. But there was a opinion paper put out by the BATF indicating if you sold a lower that had been a pre-ban rifle then it lost it's 'pre-ban' status.

Though I imagine that would have been VERY difficult to prove.

Fortunetely all of this means nothing now.
Link Posted: 10/20/2004 3:27:37 PM EST

For most of the counrty yes is means nothing.

but for us in NY what does it mean.
can I buy a pre94 lower without a stock and put it together in a pre ban configuration.??

I have looked at the NY law and can not find anything on it.


Thanks for the help.

John
Link Posted: 10/20/2004 4:18:58 PM EST
John,
The problem is what the BATF indicated durning the Federal Ban may or MAY NOT apply to your state ban. Your state justice department will have to make that decision.

If they were going by the Federal guidlines then no it would not be considered 'pre-ban', but again it would be very difficult to prove that you did not have the whole rifle and then changed it to another configuration.
Link Posted: 10/20/2004 4:43:46 PM EST
NY Mirrored the federal Ban to the T, but left the sunset out. That much I do know.

I thank you very much for your help.


John
Link Posted: 10/20/2004 5:02:24 PM EST
After the ban was enacted in '94, I saw a bunch of guys trying to sell "pre ban" lowers at very high prices. The general assumption was that if the reciever was made pre '94 you could do whatever you wanted with it. This was false, the ATF clearly states that it must have been assembled as an "assault weapon" before the ban, or it would be a felony to do so afterwords. However, I have never ever heard of anyone geting questioned on this. Now, in my opinion, if the lower had a pistol grip & tele-stock those two features would make it an "assault weapon", but as far as your state, the law probably states that you can't bring in assault weapons fron another state, like the way Kalifornistan does. If you had the weapon legaly transfered through a FFL the state would know that you had just imported it. Check your states laws very carfuly!
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