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Posted: 3/2/2006 9:57:08 PM EDT
[Last Edit: 3/3/2006 12:00:26 AM EDT by NYPatriot]
As in are the remanufactured Olympic Arms lowers that are out there still considered legal with all the "evil" AW features attached?

As many of us remember, under the old Federal AWB, it was deemed permissible by the BATF to replace & remanufacture a defective or damaged lower. In the Q&A section of an old (1990's) ATF "Yellow book", the following exchange occurs (p. 112):


"Q- Are replacement parts for grandfathered semiautomatic
assault weapons and large capacity ammunition feeding devices
subject to regulation under the law?

A- No. Parts may be replaced in grandfathered semiautomatic assault
weapons and grandfathered feeding devices without violating the
law. However, if the frame or a receiver for a semiautomatic
assault weapon is defective, the replacement must be made by the
weapons manufacturer or importer. The replacement must be marked
with the same serial number as the original receiver, and the
original receiver must be destroyed. However, a manufacturer or
importer who is unable to mark the replacement receiver with the
same serial number as the original receiver may seek a marking
variance in accordance with 27 CFR 178.92. In addition, the
permanent records of the manufacturer or importer should indicate
that the receiver for the weapon has been replaced."



Now I know that the stated legislative intent of the NYS AWB was to mirror the federal ban, so one could reasonably surmise that the BATF's ruling on the matter would carry some weight when it comes to interpreting the NYS ban, but "reason" and NYS gun law have very little in common these days, so I have to wonder... has any state ruling been handed down on this issue?

Link Posted: 3/2/2006 10:59:30 PM EDT
Link Posted: 3/2/2006 11:09:36 PM EDT

Originally Posted By Raptor22:
It has the same serial number as the replaced/destroyed lower. How could they prove otherwise?



In any serious probe of a receivers "pre ban" status, state authorities would call the manufacturer. I have to believe that a complete disclousure would include the info that the receiver in question had been remanufactured on such & such a date and returned to the owner.



Now, don't give the state dunderheads any ideas.


Amen brother!

Link Posted: 3/3/2006 3:19:10 AM EDT

Originally Posted By NYPatriot:
so I have to wonder... has any state ruling been handed down on this issue?




I've searched both court decisions and administrative opinions extensively, and have found no cases or written opinions which provide any guidance in interpreting the NYS Law. The NY Courts could well follow federal interpretation of the defunct federal ban, but are not bound to do so. There are no definitive answers on any interpretation questions until the NY Courts actually rule on such questions.
Link Posted: 3/3/2006 9:02:25 AM EDT
Rkbar15... care to opine on the matter?
Link Posted: 3/3/2006 1:38:06 PM EDT
Link Posted: 3/3/2006 2:03:30 PM EDT
Assuming it has the same SN what ACDer and H-R said.
Link Posted: 3/4/2006 3:21:11 AM EDT
They hate our guns and dont want us to have them. But will let us replace or repair out existing ones. How does this make any sense?
Link Posted: 3/4/2006 4:01:29 AM EDT

Originally Posted By NYPatriot:
As in are the remanufactured Olympic Arms lowers that are out there..........



NYP - Might I inquire as to where "out there" is?

Any idea if they come with 'documentation'?

....love to have a go at one.

Jav
Link Posted: 3/4/2006 9:27:31 AM EDT

Originally Posted By Javelin:

Originally Posted By NYPatriot:
As in are the remanufactured Olympic Arms lowers that are out there..........



NYP - Might I inquire as to where "out there" is?

Any idea if they come with 'documentation'?

....love to have a go at one.

Jav



Oly Arms will still remanufacture any pre ban lower that you send them... all you have to do is request the service (& pay for it of course).
Link Posted: 3/4/2006 12:37:50 PM EDT

Originally Posted By NYPatriot:

Originally Posted By Javelin:

Originally Posted By NYPatriot:
As in are the remanufactured Olympic Arms lowers that are out there..........



NYP - Might I inquire as to where "out there" is?

Any idea if they come with 'documentation'?

....love to have a go at one.

Jav



Oly Arms will still remanufacture any pre ban lower that you send them... all you have to do is request the service (& pay for it of course).



I heard Oly no longer offers that service, even to people in banned states. You better call them to make sure, before you make plans of buying a beater preban Oly lower.
Link Posted: 3/4/2006 5:20:26 PM EDT
They do still offer this service, I called and asked about it a few weeks ago. The cost is $100.00 + shipping. The only part I question is that if say it is an old SGW stop sign liwer, the new reciever would have the lion emblem instead of the stop sign, even though it would have the same serial #.
Link Posted: 3/5/2006 12:09:12 PM EDT

Originally Posted By cowboyrick:
They do still offer this service, I called and asked about it a few weeks ago. The cost is $100.00 + shipping. The only part I question is that if say it is an old SGW stop sign liwer, the new reciever would have the lion emblem instead of the stop sign, even though it would have the same serial #.



Based on pics of remanufactured lowers I've seen, I'm pretty sure Oly puts the original SGW stop sign logo back on the new receiver.
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