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Posted: 9/27/2003 6:01:07 PM EDT
does anyone have the absolute definite about if you disassemble and sell a pre ban lower is it still a pre ban?
Link Posted: 9/27/2003 6:10:41 PM EDT
If it is sold stripped it is no longer a preban. The chances of this catching up with the buyer are pretty slim however because the powers that be would have to prove it was sold stripped. So technically it's no preban. Practically speaking: Prove it isn't! Also in 1 year a post ban will have the same rights
Link Posted: 9/27/2003 7:08:14 PM EDT
Its prudent to sell a Pre-ban as an assembled rifle. Even if you attach a upper with evil features for the transfer, then "buy" the upper back, that will assure the letter of the law is met during the transfer. Some attempt to satisfy this by attaching a collapsable stock, but that alone does not fulfill the law.
Link Posted: 9/28/2003 1:46:46 AM EDT
So how come there are often pre-ban lowers being sold right here as pre-bans? Some stripped, some with stock attached...
Link Posted: 9/28/2003 2:00:25 AM EDT
Some people dive in without a condom... consequences be damned. Well, you have a small chance of getting caught & prosecuted, but the punishment far outweighs the risk IMO, especially as close as we are to the sunset.
Link Posted: 9/28/2003 3:45:57 AM EDT
What letter did I miss? Why is it is it is sold stripped it is no longer a Preban? To my knowledge if it was sold as a complete rifle before the ban, it is a preban and will always be a preban.
Link Posted: 9/28/2003 11:49:09 AM EDT
The minute it is separated from the features that made it an "assault rifle", and transferred in that condition, it is illegal to build it back into an "assault rifle" configuration.
Link Posted: 9/28/2003 1:56:54 PM EDT
[Last Edit: 10/3/2003 8:59:43 PM EDT by Suburban]
Go to the General board, and click on the legal section. There is some stuff on this there. There's a thread with an ATF letter in the rifles, uppers, etc. AR-15 forum, but I don't remember what the thread was. (Skip it, letter posted directly below)
Link Posted: 9/28/2003 3:31:50 PM EDT
[b]Dear Mr. XXXXX, This refers to your letter of March 19, 2001, in which you ask about the status of certain semiautomatic assault weapons which have been altered to another configuration. As defined in section 921(a)(30), of Title 18, United States Code (U.S.C:), the term "semiautomatic assaultic weapon" includes certain named weapons and certain semiautomatic rifles, pistols, and shotguns that have a combination of enumerated features. Title 18 U.S.C. section 922(v)(1) prohibits manufacture, transfer, and possession of semiautomatic assault weapons; however, section 922(v)(2) provides that any semiautomatic assault weapon that was lawfully possessed under Federal law on September 13, 1994, is excluded from the prohibition. [red]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).[/red] 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. You describe an AR15 type rifle that met the definition of a semiautomatic assault weapon and was lawfully possessed on September 13, 1994. At some subsequent time the rifle was temporarily reassembled in a configuration such that it no longer had the qualifying features of a semiautomatic assault weapon. You asked if the original components could then be lawfully reinstalled on the rifle. Provided that the original components were held by the owner and reinstalled on the rifle, it is our opinion that the rifle would still qualify as an exempted semiautomatic assault weapon even though it had been temporarily assembled in a different configuration. We note, that mere disassembly of a semiautomatic weapon by an owner would not remove the firearm from the definition of a semiautomatic assault weapon nor would the reassembly constitute manufacture of a prohibited semiautomatic assault weapon. Your second question concerns a semiautomatic assault weapon that also meets the exemption in section 922(v)(2). [red]However, this firearm was disassembled and the receiver, without other components, was sold. Since the receiver is no longer possessed with all parts necessary to assemble a complete semiautomatic assault weapon, it no longer meets the definition of a semiautomatic assault weapon. The receiver does not meet the exemption in section 922(v)(2) and assembly of this firearm in the configuration of a semiautomatic assault weapon would be prohibited under section 922(v)(1).[/red] If you are interested in determining the status of a particular receiver or semiautomatic assault weapon, you should contact the manufacturer or importer and ask about the date that it was manufactured and the configuration at the time of sale. It may also be necessary to contact subsequent dealers and owners who possessed the firearm. We regret the delay in responding to your inquiry. If you have further questions concerning this matter, please contact us. Sincerely yours, Curtis H.A. Bartlett[/b]
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