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Posted: 2/24/2002 4:59:38 AM EDT
Was at the National Gun Day show in Louisville,Ky yesterday and their was a guy selling some NIB Colt/Bushy AR's that were stamped restricted on the receiver. He had a sign up that said that any Cop, or military personnel (reserve, natty guard, or active duty) with a military ID could purchase them. He said all he needed was to maintain a copy of the military ID. Also, he said that even apon retirement from the military i could retain pocession of it. Is this legal? Since i'm in the military can i do away with the whole pre/post thing and just get a restricted rifle? Sounds kind of fishy to me, but this guy is a CL3 dealer and should know the law....right?
Link Posted: 2/24/2002 9:33:16 AM EDT
I’m pretty sure for that you need a signed letter from the department head in your agency’s local officer; i.e. CLEO, military base commander. Can you keep them after your term of service… I don’t think you can. I think they needed to be gifted to you from your department even if you bought them with your own money . Although I may be wrong.
Link Posted: 2/24/2002 9:43:48 AM EDT
Originally Posted By sulaco: I’m pretty sure for that you need a signed letter from the department head in your agency’s local officer; i.e. CLEO, military base commander. Can you keep them after your term of service… I don’t think you can. I think they needed to be gifted to you from your department even if you bought them with your own money . Although I may be wrong.
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You're completely correct about the purchase letter--it's required. As for retaining possession, the answer is no. You are incorrect about ownership--if you pay for it, you own it. You may NOT keep a semi-automatic assault weapon (or high capacity magazine) that YOU own. On retiring or leaving the force, you need to sell it to another cop (with letter) a Type 01 FFL, or surrender it to a govt agency. On the other hand, your agency CAN gift you with an assault weapon and high capacity magazine that THEY own. From the ATF FAQ:
(O9) May law enforcement officers keep their semiautomatic assault weapons and large capacity ammunition feeding devices when they retire or leave their employment with a law enforcement agency? [Back] No. They may not lawfully keep semiautomatic assault weapons and large capacity ammunition feeding devices that they purchased or acquired as their own property. However, the law provides an exception for items that belong to a law enforcement agency and are transferred by the agency to an officer upon the officer's retirement from, or termination of his or her employment with, the agency. Neither this exception nor the exception for official use permits officers to retain their own weapons or feeding devices after retiring or leaving the agency or to acquire additional items. Officers who retire or leave their employment with a law enforcement agency should transfer assault weapons and large capacity ammunition feeding devices that are their own property to a Federal firearms licensee or another qualified officer. [18 U. S. C. 922( v)( 4), (w)( 3)]
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It's kind of funny--you can't keep your own property, but the government can give you taxpayer funded equipment for free.
Link Posted: 2/26/2002 2:36:27 PM EDT
[Last Edit: 2/26/2002 2:56:31 PM EDT by Troy]
Link Posted: 2/26/2002 3:26:46 PM EDT
Thanks a ton Troy! I didn't think that the military thing was true, but the FFL swore by it and actually got very defenseive when i questioned him. It sure got my wheels turning though...why do i have lots of $ in prebans when this guy says i can buy restricted guns? Definitely too good to be true! Thanks again to all who have responded thus far. Regards. M4CARBINE
Link Posted: 2/28/2002 10:13:01 AM EDT
Couldn't a "civilian" actually buy a "LEO/Military Only" AR as long as it was semi-auto in post ban configuration and didn't come with any LEO mags? The mags are restricted because of manufacture date, but the rifle is a configuration issue. Certainly buying such a weapon would be asking for trouble, but technically I think it would be legal.
Link Posted: 2/28/2002 12:07:18 PM EDT
Link Posted: 2/28/2002 2:46:32 PM EDT
That's the big question. If the weapon was purchased lawfully, carried and used on-duty for a few years, then reconfigured on leaving law enforcement, then there shouldn't be a problem. I await the BATF response.
Link Posted: 3/1/2002 5:35:39 PM EDT
I bought a new Bushmaster 3 years back with le/law enforcement only stamped on receiver.It also has a bayo lug.I think some of these are floating around and just pop up occasionally.Mine has no full auto features so I really don't know what difference it could or should make.
Link Posted: 3/1/2002 5:58:35 PM EDT
I saw a cop selling a personally owned LEO Restricted SAW a while back. He basically said he would remove the Bayo Lug and fix the stock if anybody other than another cop wanted it. As I understand it, it is perfectly legal to get LEO Restricted guns as logn as they are changed to a PC Config. and aren't named guns. I believe the issue is the ATF requires dealers to say they are buying SAWs for resale to LEOs. But, if the Dealer decides to give up his FFL, he can strip the Evil Features and keep the LEO Restricted Rifles.
Link Posted: 3/1/2002 7:57:54 PM EDT
You know, you can always move up here and buy as many of those puppies as you want to... hsld. (*But you'd have to leave all of your evil 30 rnd mags in the U.S.)
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