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There has never been a documented prosecution for JUST an evil feature. It has only been an add on charge to much more serious ones....you know, a guy robs a bank? Kills a cop?
There is a good reason for this: I does not matter WHAT the BATF says in their letters about documenting preban lowers built up before the ban etc. the BATF does not make law! Prosecutors would still have to PROVE that the rifle was not built up before the ban. This could be easy or hard to do depending on the circumstances. If the lower has been sitting in your safe since 1985, there is no way they can prove it. If you bought it last month and the FFL will testify it has been sitting in HIS safe since 1985 then you are in trouble. It goes on and on. I am committed to following the law and I have to this point but the law and a letter from the ATF are two different things!
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I disagree on both points.
There was a prosecution of a guy in Westchester, NY. His home was burglarized and 50+ guns were stolen. When the police investigated, they called the ATF due to the number of guns stolen. ATF, while going through the remainder of the guys gun collection, found a postban Colt AR15 with a flash suppressor. He was prosecuted by the New York State (which has a mirror ban to the federal one). He was found guilty, and the judge apologized to him, but told him that he had no choice and gave him 3-5 years in jail.
Secondly, in terms of ATF having to prove your lower is preban, that is not correct. The grandfathering provisions is an affirmative defense, meaning it must be pleaded and proven by the defendant once the government has established a prima facie case. So you better be sure you can prove the status of your lower in court if you want to be safe.