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Posted: 2/13/2002 5:56:20 AM EDT
Hypothetical situation: Today (2/13/02)you walk into a pawn shop and see what appears to be a preban Eagle Arms AR15 (flashider, bayo lug, etc.)for sale. You fill out all the correct state and federal paperwork for the purchase and take it home. Is it a legal preban in the eyes of the law (in this case the BATF)? Really unrelated here is the fact that you know the receiver is a preban, but you have no knowledge, nor could you probably ever find out when the rifle was assembled. Comments, observations, conjecture, woodstove legal opinions welcome.
Link Posted: 2/13/2002 8:38:59 AM EDT
Go to the ArmaLite Website [url]www.armalite.com[/url] and use their serial number checker to see if they consider it a 922(v)(2) exempt "preban". Then call them and request a letter to that effect. They charge $25 for the letter. If the rifle is still in the configuration that Eagle Arms (ArmaLite) shipped it, that will go a long way in proving 922(v)(2) status.
Link Posted: 2/13/2002 9:00:33 AM EDT
Dave, I wasn't very clear. The receiver only is known to be preban. It was not a fully assembled firearm when it left Armalite. Assembly into firearm date is unknown as well as builder.
Link Posted: 2/13/2002 10:30:45 AM EDT
I have not reviewed the text of the law with your question in mind, but I think it would be hard to maintain that you, in good faith, "thought" is was a preban if you had no reason to think so. If you don't know either way, you're basically blowing off the law.
Link Posted: 2/13/2002 11:23:34 AM EDT
If the rifle left the factory (or in this case the receiver) prior to the 94 ban, and you buy it as a complete rifle 2nd or third hand, how would you even know what the configuration was on that September day? The receiver could have been purchased and built up in 1990 and was a complete rifle when the ban started. It is one thing if the manufacture date is 8-30-94, then you can't be sure. But if the receiver was made a significant time before 9/94, it is a preban. The ATF has no way of knowing the state of that receiver when the ban started. If the receiver is a documented preban, and you bought the rifle complete, it is a preban. The only way this would even become an issue is if you do something stupid with the rifle and get caught. The serial number would still trace as a preban regardless.
Link Posted: 2/13/2002 11:42:11 AM EDT
There was a situation someone posted on Ak net board awhile ago. Guy bought what was advertised as a preban folding stock Maadi AKM from an out of state seller. The rifle was shipped to his local FFL. When they received the rifle, it was a postban that someone had installed a folding stock. He paid like $1200. Short story, the seller claimed that’s how he received the rifle and refused to refund the money. The ATF was involved. They basically returned the guys rifle with a letter stating he could keep it in the folding stock configuration. In other words, granted preban status to a rifle imported after the ban. For what its worth. R/K
Link Posted: 2/13/2002 12:08:30 PM EDT
My concern would be the equally probable and equally arbitrary "determination" by the BATF that it is a post ban, therefore contraband, therefore surrender it and we won't press charges, or worse, we will press charges.
Link Posted: 2/13/2002 12:57:43 PM EDT
Per ArmaLite on an old topic on their old forum, BATF knows exactly which receivers left the then "Eagle Arms" factory as a stripped receiver or a complete rifle, and what the configuration of the rifle was on all pre-9/13/1994 receivers. Receivers and Rifles that left Eagle Arms in a configuration other than that described in 921(a)(30) are considered not to be 922(v)(2) exempt unless the owner can produce evidence that the rifle was in 921(A)(30) assault weapon configuration before 9/13/1994. You might ask ArmaLite to give you the name of the FFL holder who they shipped the receiver to. Hopefully they are still in business and can tell you if the receiver was built into 921(a)(30) status before 9/13/1994.
Link Posted: 2/15/2002 2:38:21 PM EDT
Link Posted: 2/15/2002 6:54:39 PM EDT
[Last Edit: 2/15/2002 6:55:55 PM EDT by Righteous_Kill]
Total B.S.
Originally Posted By Troy: Any gun that left the factory in "AW" configuration is a pretty safe bet, provided they are still around and have records.
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Why is that a “safe bet”? Dave “Preban Police” pretty much fawked anybody that owns a rifle assembled on a lower that was ever transferred as a lower only. Regardless of how it left the factory. I would suggest the only “safe bet” is real Colt Ar-15. Assuming there’s any truth in that “named” theory.
Originally Posted By Troy: Any receiver that left the factory not a part of a complete rifle in AW configuration is post-ban, [b]unless there is additional evidence to show otherwise.[/b]
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 You’re like a broken record, blah, blah, blah, Any semi-auto that was configured as a “semi-automatic assault weapon” on the enactment of the ban is[b] a legal grand-fathered preban.[/b] R/K
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