OK here is the question:
I want a Pre-ban rifle.  If I buy a Pre-Ban stripped lower receiver and then buy a Pre-Ban M4 upper and put them together does that put me in violation of the AWB?  According to Bushmasters website it sounds that way.  Does anyone have any clarification or know if I can do this to obtain a Preban rifle?  I am new to the ins and outs of the tricky BATF.
Please help.

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NOTE: The sale of assemblies in "Pre-Ban" configurations (i.e. with bayonet lugs, flash suppressors, telescoping stocks) are intended for use as repair parts only. Such assemblies MAY NOT BE USED TO CREATE NEW ASSAULT RIFLES as defined by Gun Legislation of 1994

The simple version:

If you buy a preban lower (manufactured as a rifle prior to 9/94) then you can legally attach a pre-ban upper receiver.  

Unless it was built into a rifle with more than one of the evil features, [b][red]ACCORDING TO THE SPIRIT OF THE LAW[/red][/b], yes, you are in violation of the law.

Will you ever get caught and can they prove it?

Well I suppose some sneaky ATF guys could have bought up a bunch of pre-ban receivers and held onto them until September 14th, 1994 and then started some sort of a sting operation.

The last 2 posts are conflicting.  If a lower receiver is post ban (meaning manufactured before clinton decied to make some tree huggers happy) I can buy a different upper and put it on legally. (right) the way you make it sound is if it was hag the pig sticker lug and flash suppressor it would be illegal, well if it was made before the ban it would most liekly have had those items and according to alfcocked it would be illegal.  That is how I understand the last post.  That means every person who buys just a pre-ban lower is a crimianl.  That does not sound right.  

The law says or words to this affect, that any Semi automatic rifle that can take a detachable magazine, made after September 13, 1994 can not have more than than 1 one the list of evil features.  Otherwise it is a new assault rifle.  If yours had the evil features, on that lower prior to the ban, 09/13/94, than it is grandfathered.


Edited to add, the key is did it have 2 evil features on the lower before 09/13/94.  Some here will go so far as to say that if the lower is stripped and transfered that it cannot be reassembled into an assault (pre-ban) configuration.

About 2005, the current Cabal will come for our guns - pre ban or post ban, won't make a difference. If you purchased a gun through a FFL person/store, etc., you are all ready in the federal gov't gun data base. They can not afford to have 20 million gun owners out here!
JRegistrar

Why don't you wait until 2004 and see if the ban goes away. If it does, the price on pre bans will fall like a rock!
J

There has been some debate over the past few years that the sale of a stripped receiver would cause it to lose its pre-ban status since it's no longer an assault weapon.  There is an alleged ATF letter ruling going around in forums from the ATF about this.  I've seen it once or twice before, although it doesn't seem to be in any of the letter ruling archives I've looked at.

Regardless of whether it's a real letter or not, the 1994 AWB makes absolutely no provisions of this, and IMHO is nothing but ATF "bullying" and unenforcible in a court of law.  It certainly wouldn't be the first time the ATF would've been smacked down back in their place by a judge - but I wouldn't want to be the one to test it in this communist society.

800Mtrs- If the lower receiver is pre-ban (mfg as a rifle before 9/94), then you can buy a brand new pre-ban upper with the evil bayo lug and threaded muzzle and install it legally.  You can also install a telestock if you want one.  The AWB only applies to the lower receiver.  Pre-ban uppers are still being made today for people who own the pre-ban lowers.

If the lower is post-ban (mfg after the AWB), then you can't have the telestock or an upper with a bayo lug and threaded muzzle (unless a muzzle brake is permanently installed).

I hope this clears it up for you.

The way I read the law is that the lower must have been assembled into a complete rifle before the ban date. It doesn't matter what "evil" items the rifle came with when it was assembled. Given that the previously assembled into a rifle lower is now considered a pre-ban, you can attach all the "evil" items. In other words, the date of maunfacture of the lower is insignificant. What matters is when the lower was assembled into a complete rifle.