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Posted: 4/29/2009 11:23:11 AM EDT
I tried searching, but found nothing for what I'm gonna ask. With an 80% lower how is it viewed in regards to the NY AWB? Obviously it is a gun that would fall under the assault weapon category, but being homebuilt with no proof of preban or postban status, could one get away with building a preban accessorized gun on an 80% lower? Who has the burden of proof to prove a preban weapon on a non-serialized homebuilt piece in NY?
Link Posted: 4/29/2009 11:40:40 AM EDT
Since its being manufactured by you, after Sept 1994 it has to be post ban configured. Built any other way will be illegal. Will "they" be able to prove it? Probably not but you know for damn sure that it is in fact illegal and that leaves you with 2 destinations.
1. The state pen.
2. Eternal happiness with a bayo lug?
Link Posted: 4/29/2009 11:50:07 AM EDT
Forgetting the legal aspect for a moment... just for conversations sake, let's look at your story.

How old are you?
Link Posted: 4/29/2009 11:54:27 AM EDT
as far as age is concerned, it wouldn't make a difference as the weapon or rather lower could have been willed or given to me by a relative who was old enough to have had it before the 94' ban..
Just questioning the potential for a loophole, and wondering if anyone has gone that route before, that's all.
Link Posted: 4/29/2009 1:21:52 PM EDT
As Notarpole points out, few rational people would commit a felony in order to have a few extra features on their rifle.  Why not just buy a pre-ban rifle if one must have a bayo lug and flashider?
Link Posted: 4/29/2009 1:50:11 PM EDT
Breaking the law is not a loophole.
Link Posted: 4/29/2009 6:36:42 PM EDT
Originally Posted By cas:
Breaking the law is not a loophole.


I can't believe members of arfcom are using the word "loophole"
Link Posted: 4/29/2009 7:08:39 PM EDT
Originally Posted By blue70chevelle:
....but being homebuilt with no proof of preban or postban status, could one get away with building a preban accessorized gun on an 80% lower?
That depends - do you prefer jelly or syrup?
http://www.youtube.com/watch?v=s_p9AbWQ2wc&feature=related NSFW
Link Posted: 4/30/2009 9:51:09 AM EDT
Originally Posted By cas:
Breaking the law is not a loophole.



That "law" is unConstitutional at best, and is only a law because the legislative and executive branches of government who's power is derived from the same Constitution that the law violates enacted it through the procedures laid out in that same document.  
That said, I'd rather fight the laws in the courts collectively than a felony conviction individually, so prebans are the way to go if you've got to have the FH or bayo lug.  The cost of one is alot less than a lawyer's initial retainer, that's for sure, and you won't need to make those tough decisions about whether to use syrup or jelly.
Link Posted: 4/30/2009 11:04:34 AM EDT
hey, someones get set the precedent by having a suit challenging the constitutional validity of said laws...
Link Posted: 4/30/2009 11:31:25 AM EDT
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