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Durkin Tactical Franklin Armory
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Posted: 6/8/2002 12:57:45 PM EDT
Here's a situation that could occur soon and I need advice.  If a person owning post-ban LEO magazines and AR changes professions and is no longer a LEO; he must dispose of the property to an FFL or LEO (right?).  The question is, if I get the new job next week, how long do I have in order to get fair market value for my merchandise.  Yeah, you could ask $400 for the AR and it would be sold before you got the last period typed, but what about reality?  Sometimes opportunity knocks and doesn't allow a lenghty period to get squared away.  Just curious if anybody has the answer.
Link Posted: 6/8/2002 1:59:42 PM EDT
[#1]
The law forbids possession once you've left your LE position.  Putting it on consignment with a dealer would probably be the easiest way.

The rifle can be retained if you remove all LEO-only features, rendering it a regular post-ban rifle, even if it's LEO-marked.
Link Posted: 6/8/2002 3:33:49 PM EDT
[#2]
Isn't there some loophole provision, if the CLEO signs off for a retiring officer to keep LEO magazines, at least? I thought I saw that mentioned somewhere....


Scott

Link Posted: 6/8/2002 6:24:04 PM EDT
[#3]
That only applies to duty weapons given to a retiring officer by the department.  If he's quitting, that probably doesn't qualify as a retirement.

If the department is willing to work with you, and treat your resignation as an official 'retirement', then you could donate your LEO rifle and mags to the department, and the department could give them to you, and you'd be able to keep the LEO rifle and mags.  You can't just retain privately owned LEO rifles (without configuring it as a post-ban) or mags (without them being given to you by the dept upon retirement), however.
Link Posted: 6/9/2002 12:39:37 AM EDT
[#4]
From the following AR15.com topic: [url=http://www.ar15.com/forums/topic.html?id=111836]ATF letter regarding LEO AR where LEO retires.[/url]  <-- Link

Quote from the BATF:
If the officer lawfully acquired the rifle for law enforcement use, in compliance with section 922(v)(4), the officer is not prohibited from altering the firearm at a future time so that it no longer qualifies as a semiautomatic assault weapon. If the rifle does not meet the definition of a semiautomatic assault weapon, possession of the rifle is not prohibited even though the receiver is marked, "Resticted, Law Enforcement Use Only.
View Quote


So, remove the evil features so that it no longer qualifies as a 921(a)(30) assault weapon and you can keep it.  You might ask Steve for a copy of the letter.
Link Posted: 6/10/2002 2:04:04 PM EDT
[#5]
How does one change the "features" when teh AR lower says that it is "Restricted..."

mark
Link Posted: 6/10/2002 3:40:20 PM EDT
[#6]
You remove the "preban" upper and replace it with a "postban" upper, or alter the "preban" upper to "postban" configuration.  As the BATF said, possession of the rifle is not prohibited even though the receiver is marked, "Resticted, Law Enforcement Use Only."
Link Posted: 6/10/2002 7:36:49 PM EDT
[#7]
Even though you replace or reconfigure the upper to preban, if your LEO lower is a collapsible stock, I imagine this must also be removed since you can't change the pistol grip and the detachable magazine (very easily).  Correct?
Link Posted: 6/10/2002 11:47:32 PM EDT
[#8]
You can only have one evil feature.  For 99.99999999999999999+%, it's the pistol grip.
Link Posted: 6/12/2002 7:21:58 PM EDT
[#9]
Quoted:
You remove the "preban" upper and replace it with a "postban" upper, or alter the "preban" upper to "postban" configuration.  As the BATF said, possession of the rifle is not prohibited even though the receiver is marked, "Resticted, Law Enforcement Use Only."
View Quote


Anyone who possesses a lower that is marked, "Resticted, Law Enforcement Use Only" is asking for trouble one day or another, without some documentation stating otherwise.

The "Restricted..." markings will cause someone from BATF to ask if they excise tax has been paid, as it may have been a department buy, are you legally able to own the firearm, etc.

You might be 100% in the right to possess, but do you want to spend a couple thousand dollars proving it when you could have bought a complete lower for $200-300?  A private citizen in possession of such a firearm who is pulled over and the firearm is found, someone at range notices the markings and has Deputy Joe come over to see how you got a LEO only firearm, and the list goes on.

Be smart about what you are doing.

mark
Link Posted: 6/12/2002 11:05:01 PM EDT
[#10]
By the way, I agree with mark.
Link Posted: 6/13/2002 4:27:04 AM EDT
[#11]
If you want a copy of the letter, just email me.
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