Quoted:
Buying a preban: how do I know it is really a preban?
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Here's the ugly truth:
A preban is only a preban if it is either:
- "banned by name", meaning it has "Colt" and "AR-15" on the side, or
- you have some documentation or other court-admissible [b]proof[/b] of the rifle's status.
So, what is "proof?" That's the question.
If the rifle was assembled into AW at the factory, and the manufacturer still exists, you may be able to get a letter from them stating when and how the gun left the factory. NOTE: Oly's (careless) storage of their records resulted in their destruction in one flood and two fires, so don't expect a lot of help there.
Another form of proof could be an affidavit from the person who owned the rifle on 9/13/94, who could testify as to the rifle's configuration on that date.
Another possibility might be receipts showing the purchase of the lower and a complete parts kit, both prior to 9/13/94.
Other such proof may exist; these are just examples. However, understand that serial number lists are NOT "proof". Use them ONLY to exclude a rifle as POST-ban, not to try to validate a rifle as pre-ban. For that, you need PROOF, as above, unless you were the owner on 9/13/94, and the gun was a complete AW, or if the gun was banned by name.
Remember this: the reason you pay extra for a preban is for the PROOF that could keep you out of jail, or that would allow your confiscated rifle to be returned to you. Without court-admissible proof, you'd have nothing but an old, expensive post-ban.
Also, make sure that the gun does NOT have a history as being sold in anything less than complete AW form. Anyone who has bought a "banned by features" AR as a lower half only, or otherwise incomplete, runs the risk that ATF could prove that you did so. The law only grandfathers complete AWs, and a lower by itself does NOT meet the definition of AW. There's an ATF opinion letter to this effect in the Legal section.
Are you starting to understand that it isn't as simple as looking at a serial number list? Good. Hopefully that will motivate you into writing a few letters to your congress-folk, and to help convince others to fight against the renewal/extension of the AW ban and its crazy rules.
-Troy