AR Sponsor
Posted: 4/1/2007 7:24:56 PM EDT
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This is probably a stupid question--but I have to ask. Was buying a lower the other day and the store owner mentions to me that if I built the gun myself and no excise tax was ever paid on it (as would be a complete gun), then the gun wouldn't have been grandfathered under the 1994 AWB, not would it likely be under any new AWB. While I think it unlikely an new AWB would come about, I have to ask--it that BS? He said there were guys sitting around after the AWB went into place with build jobs that weren't grandfathered. I wasn't affected by BRD back then, so I have no idea if he is making up crap or not. I plan to build several more rifles over the next few months, so this would make a difference to me. Sorry if this is a stupid question-- |
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You might have been called on to 'prove' it was a complete AW type weapon, but not to prove that tax had been paid. Now, if it was sold as a complete Pre-Ban style AR, it would have been recorded as such in the manufacturer's books and the transferring FFL's records. The tax being paid is incidental and completely unrelated to the record keeping that could prove it existed in that form on a certain date. A build completed by an individual would have none of this backing paperwork. To defend it, you would have to present some evidence. This could be a receipt for the lower and all the parts needed to build it into a prohibited configuration, a timestamped pic showing it in that configuration, or some other proof. This is not automatic like manufacturer's paperwork is, and to be blunt, I doubt many people had such paperwork for their legitimate prebans. |
| Chances are all they would be able to do is run the SN# to see if the lower [SN# part] was manufactured before the AWB date. If it was, unless they could date the upper [and who's to say parts were not replaced after it was in effect] it would be hard for them to prove you built it after the date in which the AWB went into effect. However, as the above poster said, any other documenting proof would be to your advantage. |
Build away , hes a moron . YOU do not have to pay the tax. If HE as a dealer/manufacture bought a lower and built a rifle for sale HE would have to pay the tax ........The 94 ban is history forget about it . Until a new ban build away ........... You people need to ALL call the ATF and request Publication 5300.4 .
If they had a rec. made before the date the ban took affect it was good to go . It could have been made on the night shift at 11:59 and it was a Pre-Ban. You must be going to Impact Guns........................ |
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That's helpful--sounds alot more reasonable than what I was hearing. Does the lower have to be finished into a complete rifle, or just the lower? Reason I ask--I see guys posting pics of their collections with 10+ lowers all built out w/o uppers. I figured maybe that's what was going on... |
I have to turn my BS alarm off when I go in there ..........Next time ask how many mags come with a Glock . Hint should be 2 , they will give you one and try and sell ya the other one . Which one ............Ogden ???? ATF # to order 5300.4 1-703-455-7801. |
| I have a vague memory about this ... IIRC the receiver had to be assembled into a working "pre ban" style firearm prior to the ban to count as "pre ban". What I don't remember is if this was actually the law, a State thing (i.e. California only) or, and this is my guess, an "interpretation" of the law by BATF. |
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