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Posted: 10/2/2004 6:55:15 AM EST
[Last Edit: 10/2/2004 6:55:15 AM EST by Aimless]
I have what may amount to a stupid question. I know in order to keep preban status a rifle always has to change hands in complete rifle form, but what exactly is that. Does a complete lower with stock count, or does it need an upper?

Thanks.
Link Posted: 10/2/2004 7:58:00 AM EST
[Last Edit: 10/2/2004 8:06:57 AM EST by HKgnnr]
Hi StuckinNy - Acutally, youre partly right however the following applies:

The lower receiver is actually considered the firearm - due to the serial number placement. As long as the firearm was 'assembled' prior to Sept 13, 1994 in a preban configuration with preban style upper, you're in the clear.

You can actually accept transfer of a preban lower receiver only - without an upper currently on it. Provided the lower was a part of a complete preban configured rifle prior to the Sept. date. It does not have to be a 'complete' rifle now to be considered preban. The lower can be stripped of all internals as well as stock at the time of purchase.

You can check the status of most 'lowers' here:

www.ar15.com/content/legal/serialNumberList.html
Link Posted: 10/2/2004 9:27:12 AM EST

Originally Posted By StuckinNY:
I have what may amount to a stupid question. I know in order to keep preban status a rifle always has to change hands in complete rifle form, but what exactly is that. Does a complete lower with stock count, or does it need an upper?

Thanks.



Actually the above may not be true. The Federal ban is gone and that was the opinion of an ATF agent which was never verified or ever resulted in an AWB prosecution . His contention was that an unnamed preban receiver "lost" its preban status if it was transferred as a stripped receiver without enough features for it to qualify as an excepted preban SAW. Once again this was not the result of any Federal law or BATFE ruling. If the receiver was transferred with a pistol grip and a collapsible stock that would satisfy the features test of AWB.

It's anyone’s guess as to what an unnamed stripped preban receiver would be considered as far as the NY AWB is concerned. IMHO if it is a named AW that was lawfully possessed prior to 09-14-1994 it should retain its preban status irrespective of whatever condition it was transferred in.
Link Posted: 10/2/2004 1:25:14 PM EST
So theoretically speaking. If someone was importing a pwa lower from a free state. The serial # definitely falls well before the ban. More importantly the previous owner will provide a letter verifying lower was a complete rifle in preban status prior to 94. Would that be sufficient or should it arrive in NYS with a folding stock in place (already has pistol grip) to solidy status further? I understand that this would most likely be conjecture but input is always good.
pjc
Link Posted: 10/2/2004 1:28:59 PM EST
Link Posted: 10/2/2004 2:11:39 PM EST
Link Posted: 10/2/2004 2:13:59 PM EST
Link Posted: 10/2/2004 2:18:02 PM EST
Link Posted: 10/2/2004 2:19:49 PM EST
Link Posted: 10/2/2004 3:07:51 PM EST

Originally Posted By Lumpy196:
What do no longer existing federal regulations have to do with a New York state law?



Nothing and everything. Keep in mind that the NYS AWB is a mirror image of the Federal AWB. If and when there are any prosecutions for NYS AWB violations you can pretty much guarantee that agents of the BATFE firearms division will provide expert testimony as to whether a rifle is an illegally configured SAW.
Link Posted: 10/2/2004 3:08:40 PM EST
Link Posted: 10/2/2004 3:25:28 PM EST

Originally Posted By Helldog40:


And THAT'S the $64,000 question Lumpy. Was there EVER a federal AWB prosecution in ten years? Will NYS even try and enforce the damn thing? What would be the case and cite? It makes my head hurt to even think about it...



That would depend on the County and under what circumstances the arrest occurred. If you are talking about New York City, Nassau, Suffolk or Westchester Counties you can guarantee that your mug will be prominently displayed along with your complete firearms collection arsenal in every newspaper and TV news broadcast. Actually it's more like the $100,000 (or more) question as that's what it would probably cost you when all is said and done.
Link Posted: 10/2/2004 3:28:55 PM EST
Link Posted: 10/2/2004 3:44:07 PM EST

Originally Posted By Lumpy196:

Originally Posted By rkbar15:
BATFE firearms division will provide expert testimony as to whether a rifle is an illegally configured SAW.



That is HIGHLY debatable.



As Defense Attorney or Prosecutor Lumpy196 who would you have testify as an expert witness at trial other then the original firearm manufacturer (if still in business?)
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