Posted: 6/3/2001 11:02:47 AM EDT
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When I purchased my Colt AR15A2 back in 1989 there was no such thing as pre/post ban AR15's. Over the years with mutiple moves I've lost the orginal reciept for the AR and have no proof of when it was purchased. DO I need to try and find some kind of paperwork showing the gun was purchased in 89 or is the 3 digit GS 0006XX serial number proof enough??? |
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You don't need a letter. All Colts manufactured before the Assault Weapons deadline are preban (they did not sell separate lowers, only complete rifles). You could call them up to get an exact manufacture date, but that is redundant. The serial number is Proof positive that your rifle is a preban Government Series AR. |
| M4 a letter of any kind would only be required if you're challenged by a LEO as to it's statues as a legal grandfathered assault weapon.having said that,it is wise to contact the manufacture as to when and how the firearm left the factory ie.complete or lower.bushie and a few other will send you a letter.some i believe charge a fee for this service,bushmaster doesn't.this also has been discussed at length in the legal forum.mmk |
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Get a letter NOW, while you still can. Lots of people with pre-ban Olys didn't, and now they're screwed after 2 different fires burned up Oly's records. If you owned the rifle on the date of the ban, a court will let you testify to its condition on 9/13/94. If you did NOT own the rifle on that date, you should have some kind of paperwork to prove your rifle's status. -Troy |
| I have heard on this board that the courts have decided that the rifle is not grandfathered the owner is. Meaning that once you sold the rifle after the ban the rifle becomes a post ban rifle. I would like to know if this is true. I do have to say NY has mirrored the Federal bill and I think you can not hand down that preban rifle cause the person had to be in possession of it before the ban. |
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Quoted: I have heard on this board that the courts have decided that the rifle is not grandfathered the owner is. Meaning that once you sold the rifle after the ban the rifle becomes a post ban rifle. I would like to know if this is true. I do have to say NY has mirrored the Federal bill and I think you can not hand down that preban rifle cause the person had to be in possession of it before the ban. The law says, "legally possessed" (by a person, dealer, manufacturer, corporation etc.) as opposed to "illegally possessed, stolen, etc." Possession and transfer of preban grandfathered SAW's are legal under Federal and NYS law. |
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While it would/could get messy... Remember, it is up to them (whomever they may be) to prove that the gun is illegal. We are all, of course, law abiding citizens... So you don't say anything and let them do the footwork. It would of course go eaiser and quicker if you have the paperwork. But, if you have done anything wrong and the gun is legit, you have nothing to worry about. If your an idiot and broke the law, gawd help you. |
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No, it's up to the prosecuter to prove that the rifle is in AW configuration, and that he has reason to believe that it is not a grandfathered pre-ban. It is then up to the defendant to provide some kind of evidence that the gun qualified for the grandfathering provision. Date of manufacture of the lower is not enough to qualify; the lower had to be in AW configuration (this can include being in the same box with a parts kit that had enough AW features) before the ban, and be legally possessed, in order to be grandfathered. If YOU were the owner on 9/13/94, you can testify that you have first-hand knowledge of its configuration, and that *should* be sufficient. If you were NOT in possession of the rifle on the date the ban went into effect, you would not be able to testify, as your testimony would be considered heresay. In that case, you'd need some kind of evidence (generally paperwork) that could be submitted to the court to prove your defense. A letter from the manufacturer works. So would an affidavit from the person who possessed the rifle on 9/13/94. A serial number list from a website is NOT going to be considered proof in any court. Someone will say "the law doesn't specifically require paperwork", and they'll be right. Nevertheless, the paragraph above describes how the case would be handled in court. It should be noted that, so far, very few people have been charged for AW "configuration" violations alone; most of these charges accompanied some other charge, and the prosecuter added everything else he could think of. So far, there seems to be little overall interest in enforcing the law on "Joe Average", though with Project Exile, that could easily change. -Troy |
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Colt charges for a letter!!!!!!!!!!! That is cruel. As long as the serial number is pre-ban you are OK like others have said.But I like it when buying a pre-ban if the seller could provide a letter from the manufactor stating pre-ban status,It would really be nice for gunshows on the weekends when the companies are closed down.For me its just another piece of assurance. Can't get over them charging a rfle owner who bought their brand for a letter about his rifle. |