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Posted: 10/15/2001 10:57:19 AM EDT
This is a hypothetical situation I was hoping someone could comment on: When an officer joins a Police Dept., he decides to purchase (with his own money) a post-'94 assault weapon, i.e. an M4 with 16in barrel, for use on patrol. Assuming the proper paperwork is filed to obtain the weapon, what happens when the officer retires/quits the dept.? I've heard that he can either transfer the gun to a dealer or to the dept., but I've also heard that the officer can keep it but he can never sell it or transfer it to anyone but a dealer or another LEO/Dept. What's the scoop?
Link Posted: 10/15/2001 11:46:01 AM EDT
Originally Posted By jwar: This is a hypothetical situation I was hoping someone could comment on: When an officer joins a Police Dept., he decides to purchase (with his own money) a post-'94 assault weapon, i.e. an M4 with 16in barrel, for use on patrol. Assuming the proper paperwork is filed to obtain the weapon, what happens when the officer retires/quits the dept.? I've heard that he can either transfer the gun to a dealer or to the dept., but I've also heard that the officer can keep it but he can never sell it or transfer it to anyone but a dealer or another LEO/Dept. What's the scoop?
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I can't answer this question for you, perhaps some of the legal experts can. I can tell you this. I have read and re-read and re-read the section of the federal code that applies to law enforcement officers keeping LEO/Mil. only stamped guns after retirement and as far as I can determine the law contradicts itself within a couple of paragraphs of each other. So what I did to get around this, as I only have a few years left until my 25 year law enforcemnt career is over, was to sell my LEO only Colt and get a post ban Olympic Arms for my last few years of duty. I am also dumping all post ban high capacity Glock mags for preban mags, etc. My intention is to go into retirement with NOT a damn thing that has the LEO only stamp on it. That is the only sure way I can find to be absolutely legal. Now do other officers who quit or retire keep their guns.......absolutely... but I think they mistakenly believe that because they are retired LE or once were LE that they will not be screwed with by the Feds. I don't have the same confidence. I want to stay legal. Again I know I haven't answered your question but maybe someone can. I just never could find a definite answer to your question even by calling the ATF. Good luck.
Link Posted: 10/15/2001 4:13:55 PM EDT
The only way for a retiring officer to retain LEO-only items is for him to give them to the department, and the department to 'gift' them back to the officer upon retirement. The LEO can retain the rifle itself, I'm given to understand, if he removes all the AW features, rendering it post-ban legal, but can't otherwise keep privately-owned LEO mags.
Link Posted: 10/15/2001 7:58:30 PM EDT
Link Posted: 10/15/2001 9:00:09 PM EDT
The FAQ assumes that the rifle remains in Semiautomatic Assault Weapon (SAW)configuration. When you remove enough features to make it other than a SAW, and it was legally acquired in the first place, it is just another postban with LEO markings. Wait for the respnse to Steve's letter before giving away the farm.
Link Posted: 10/16/2001 10:28:24 AM EDT
and I thought the only thing was that the free donuts were cut off.........
Link Posted: 10/16/2001 11:07:27 AM EDT
Originally Posted By Dave_G: The FAQ assumes that the rifle remains in Semiautomatic Assault Weapon (SAW)configuration. When you remove enough features to make it other than a SAW, and it was legally acquired in the first place, it is just another postban with LEO markings. Wait for the respnse to Steve's letter before giving away the farm.
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but im pretty sure just like us non LEO people once a Semiauto Assault Weapon ALWAYS A SemiAuto Assault Weapon
Link Posted: 10/16/2001 11:10:43 AM EDT
Ok, until we get Steve's response from the BATF, it's assumed the rifle goes back to the dept. or a licensed dealer. Let's come at this from a different direction. Suppose the officer buys an off-the-shelf, civilian post-ban rifle and then puts a collapsible stock on it. After retiring or leaving the dept., the officer replaces the collapsible stock with the original fixed stock. How much hot water would that put him in?
Link Posted: 10/16/2001 11:31:49 AM EDT
Lot's. It is illegal for an officer to manufacture a semiautomatic assault weapon by adding a collapseable stock to a postban AR. Period. Also, I haven't seen a "Once a Semiauto Assault Weapon ALWAYS A SemiAuto Assault Weapon" letter from BATF, yet. Wait for Steve.
Link Posted: 10/17/2001 6:39:33 PM EDT
If the above mentioned rifle has only one offending feature such as say a pistol grip, and does not say AR-15 on it (ie 6520 or 6721) then it would not be restricted and would be legal to retain. You do not need a letter from the ATF to say so. If this was illegal then there would be a law, regulation or ruling that said such, and if there was such someone would post it here. Not going to happen.
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