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Posted: 3/31/2002 1:09:10 PM EDT
Ok, I'll bet this has been asked b/f but I can't find the answer, maybe you guys know. Is it illegal to own a pre ban upper or a tele-stock if it is not actually attached to a lower. I understand that uppers themselves have no firearms status, but when do they reach the threshold of illegality, when you attach them, or when you have access to both, or what. My question would also extend to the short AR-15 pistol barral or a short shot gun barrel. I am assuming that if you have a legal pre-ban lower than you can have all the pre-ban uppers you want and if you have a legal Ar-15 pistol, than you can have multiple pistol barrels but you must have the legal basis.
Link Posted: 3/31/2002 1:18:57 PM EDT
While the letter of the law does not specifically forbid this, the BATF WILL take the position that possession of a parts kit to convert a rifle to an illegal configuration constitutes INTENT to perform the conversion. It would not be advisable to have a pre-ban upper assembled if you only own post-ban lower receivers or rifles. It would also not be advisable to have an UNASSEMBLED upper receiver if the barrel was threaded and/or the sight base had the bayonet lug still on it. Unless you had pre-ban lower receivers or rifles. The same would apply to telestocks. However, I would not think that owning a pre-ban barrel, not assembled to an upper receiver, and with no spare upper receiver handy, would constitute a problem. It is reasonable to assume that a person may want to have a pre-ban barrel in his collection of parts that they hope they may some day be able to install on their rifle after the AW ban sunsets on September 14, 2004. Or it could be a take-off barrel from a rifle you used to own, and later sold...hint, hint. CJ
Link Posted: 3/31/2002 1:59:26 PM EDT
So then, as long as you have one legal (pre ban/pistol) lower, you can own multiple upper variations.
Link Posted: 3/31/2002 2:46:28 PM EDT
That's about right. Ten SBR uppers and one SBR registered lower is fine, even if you have one standard rifle and a spare standard lower. Go figure. CJ
Link Posted: 4/11/2002 6:39:57 AM EDT
Link Posted: 4/11/2002 10:15:24 AM EDT
I believe the courts slapped BATF down when they tried to smack Thompson-Center owners with a carbine stock and barrel, AND pistol grips and barrels as having the parts to make an SBR, thus establishing the ability, if not the intent to assemble an SBR. If I recall correctly, the courts held that as long as the owner had the parts to build a legal carbine AND a legal pistol, not just pistol barrels and a carbine stock, then BATF couldn't prove intent to assemble an SBR. I don't think it would be a stretch to apply that logic to 922(v)(2) exempt (preban) and non-exempt (postban) receiver combinations. In other words, as long as you have a legal preban, you can have an extra preban upper. No preban lower, no preban upper. Do not take this as legal advice. Consult a knowledgeable attorney for real legal advice.
Link Posted: 4/14/2002 8:09:49 AM EDT
The ruling of the Supreme Court (?) in Thompson was that having all the parts necessary to assemble something illegal was OK as long as something legal could also be made from those parts. Obviously this does not apply to MGs as all the parts to make a MG constitute a MG under the word of the law.
Link Posted: 4/14/2002 8:14:41 AM EDT
[Last Edit: 4/14/2002 8:15:26 AM EDT by cc48510]
[url]http://www-2.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/thompson.txt[/url] In order to keep within the area layed out by SCOTUS you should probably get an AR-15 lower and permanently attach a Magazine in place. That way you can say the Upper is for the Fixed Magazine AR Lower.
Link Posted: 4/14/2002 9:34:44 AM EDT
From the GD forum: [url]http://www.ar15.com/forums/topic.html?id=108757[/url] Scott
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