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Posted: 1/3/2003 12:13:19 PM EST
Has anyone ever been arrested for having a preban AND postban upper/lower config? It just seems like you could never really be "caught in the act", as it's not obvious like an M16.... Any input?
Link Posted: 1/3/2003 4:18:54 PM EST
Link Posted: 1/3/2003 5:01:11 PM EST
How have these people gotten caught? Saying "Hey, look at this" to an LEO, or what? lol
Link Posted: 1/3/2003 5:49:10 PM EST
[Last Edit: 1/3/2003 5:50:38 PM EST by natez]
Last couple I have been involved with were drug dealers who had post-ban AW AKs or such that were found during search warrants. ATF and the AUSA declined to prosecute since drug charges has already been filed and the guns went to be crushed as "contraband." Your ATF agents on the enforcement side are more concerned with bank robbers with MGs, explosives thefts and people selling stolen guns.
Link Posted: 1/4/2003 3:48:44 AM EST
Odds are, at least one person will be prosecuted. How lucky do you feel? A friend of mine answered the question this way: Anyone thinking about creating an illegal AW might want to first do the math-- Buying a legal postban: $800 Buying a legal preban: $1500 Creating an illegal preban: $800 for the gun, plus attorney fee of $10,000 and cost of confiscated gun, plus cost of replacement gun if you are lucky enough not to have a felony conviction at the end of the process.... not to mention the hassle of being in the system for several months (not a small matter, unless you don't care about whether you have a future or not). Seems much simpler to just buy the preban to start with.
Link Posted: 1/5/2003 10:38:04 AM EST
Link Posted: 1/5/2003 1:13:33 PM EST
I "screen" guns in the property room on occasion for ones that would be useful for training purposes; mostly 9mm or .40 pistols that could be converted to sims. Probably about 75% of the guns in the property room were found by people and turned in. Guns found by the side of the road, guns abandoned in place by tenants that moved out, and family guns that nobody wants any more. Most are total junk. I did send one lady packing one day, when whe wanted to get rid of her husband's .30 Carbine and 1911 from WWII. I did some quick Internet research, and determined that the two together were worth a couple of grand, and I sent her away with the approximate values and instructions to sell them for what they were worth at a gun store. The other 25% of guns in property are evenly divided between folks who were unlawfully carrying a weapon, felons who had a firearm, and weapons used in a crime (robberies and assaults).
Link Posted: 1/6/2003 12:49:55 PM EST
Originally Posted By GuitarSlinger66: It just seems like you could never really be "caught in the act", as it's not obvious like an M16.... Any input?
View Quote
This is probably going to re-open a can of worms that has been thoroughly beaten to death in legal, but it is VERY obvious. What you apparently fail to understand is the burden of proof for a violation of 922(v). The government only has to prove you possessed a rifle that meets the statutory definition of an "assault rifle". That is, possession of any gun with a detachable mag and two or more assault features is prohibited. Now think about how obvious those assault features are. You know a bayonet lug when you see it, you know a flash supressor when you see it. With a little casual observation, you can even tell if a telestock is real or a fake, post-ban pinned type. Whether a particular gun may be a pre-ban is a defense to the charge, the burden of which falls upon the defendant to prove. Thus, if you take a gun with a detachable mag and two or more assault features to the range, you could theoretically be picked up and charged on the basis it is an assault rifle. You would have to prove it was a preban to get off. Granted, its not enforced that way (at least not yet), but you should be aware.
Link Posted: 1/7/2003 1:10:12 PM EST
Troy: Are you aware of any reported cases regarding convictions for the '94 ban? I've only seen one and it was in conjunction with a drug charge. If I recall, it may have even been a plea bargin that they were trying to reverse for some reason. If you have the cites I would appreciate a post. I have Lexis and Westlaw. Thanks.
Link Posted: 1/7/2003 2:30:47 PM EST
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