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Posted: 1/2/2002 10:25:23 PM EDT
When does a weapon become a weapon? Say I want to have the parts to build a weapon I may need someday (just spose) and I all ready have my Post ban for fun and legality. I do not think the world will end soon but if there is ever a problem I would like to have a new weapon with a flash supressor. 1.) I can own a pre ban barrel assembly with flash hider bayonet lug, bolt, etc etc with no problem as long as it is not assembled to a post ban lower? Do I have to be the owner of a legal pre-ban lower to own a preban upper? 2.) Do I have to own a preban lower receiver to own a telesoping stock? Can it be attached to the lower if a upper receiver is not attached? If the upper is not attached it is missing the bayonet lug and flash suppresor???? I would like to own a brand new full tilt preban upper, an extra new post ban (much cheaper) lower along with a telescoping stock but when does an assault weapon actualy become a weapon? [0:)] [}:D]
Link Posted: 1/3/2002 2:49:38 AM EDT
This is just my opinion, having the parts you want under the same roof as your "Post-ban" equipment would not be advisable. You are dredfully close to voilating web-site rules here w/ your question as we are not here to inform folk how to break the law. My best advice falls under the view of: [b]DADT = Don'tAskDon'tTell[/b]. Mike
Link Posted: 1/3/2002 5:17:32 AM EDT
Link Posted: 1/3/2002 12:15:19 PM EDT
Unlike a machine gun, I don't think that an assault weapon is born until the parts are matched. However, having said that, I see no reason to have a spare pre ban upper lying around. It can only lead to trouble. In your post, you ask if you can put a telescoping stock on a post ban lower if no upper is attached. The answer is NO. If you do, that configuration alone is an assault weapon.
Link Posted: 1/3/2002 1:26:36 PM EDT
[Last Edit: 1/3/2002 1:27:31 PM EDT by Dave_G]
Straight from the "evil" letter ruling from the BATF:
A frame or receiver of a semiautomatic assault weapon, meets the definition of a "firearm" in 18 U.S.C. section 921(a)(3); however, a firearm frame or receiver alone, without the additional qualifying features, does not meet the definition of a "semiautomatic assault weapon" in section 921(a)(30). Therefore, a firearm frame or receiver does not meet the exemption in section 922(v)(2). We have also determined that a semiautomatic assault weapon in knockdown (unassembled) condition consisting of a receiver and all parts needed to assemble a complete semiautomatic assault weapon are subject to regulation if the parts are segregated or packaged together and held by a person as the parts for the assembly of a particular firearm.
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Link Posted: 1/3/2002 1:41:59 PM EDT
Link Posted: 1/3/2002 3:55:03 PM EDT
Hello all, I was just going to ask a similiar question, except my situation is slightly different. I own a legally possessed Colt AR15 preban rifle that I am considering ordering a preban M4 upper for as an upgrade. I also own a postban AR15, as well as a couple postban lower receivers with internal parts, but no stocks attached. Would I be in "trouble" for having a preban upper no attached to anything, with those post ban receivers, even though I do already own preban lowers? Thanks...
Link Posted: 1/3/2002 4:00:24 PM EDT
Keep the postbans well separate from the complete preban upper.
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