Could you theoretically be prosecuted....

[ARCHIVED THREAD] - Could you theoretically be prosecuted....

Posted: 9/9/2004 7:34:30 PM EDT

....for admitting to configuring an "assault rifle" prior to the ban expiring?

I would imagine the only case law that would be similar would be someone being prosecuted for admitting to selling alcohol prior to prohibition ending.

Posted: 9/9/2004 7:37:38 PM EDT

[#1]

I wonder.

I figure about 80% of the guys here are chomping at the bit to post pics of their illegally configured rifles before the sunset date, but they're held back by that nagging 'what if ...'

Posted: 9/9/2004 7:39:24 PM EDT

[#2]

Posted: 9/9/2004 7:40:52 PM EDT

[#3]

Sure, if they had proof you had an illegal assault weapon tonight i.e. videotapo, cop saw it, I think they could still theoretically prosecute you even if they did not charge you until next week because it was a crime at the time.

Posted: 9/9/2004 7:41:40 PM EDT

[#4]

IANAL but I'd guess it would be like admitting that you drank during Prohibition after it ended.

Any of our resident lawyers know for sure?

Posted: 9/9/2004 7:42:00 PM EDT

[#5]

It would be dumb to let anyone know you ever did anything so reckless.

Posted: 9/9/2004 7:43:43 PM EDT

[#6]

... What if you're only rebuilding existing legal prebans already in possession?

Posted: 9/9/2004 7:44:07 PM EDT

[#7]

Post pics of all your illegal shooters. Right here, right now. Go on, do it.

I don't think there is any way to make my .38 illegal.

Posted: 9/9/2004 7:44:49 PM EDT

[#8]

Quoted:
I wonder.

I figure about 80% of the guys here are chomping at the bit to post pics of their illegally configured rifles before the sunset date, but they're held back by that nagging 'what if ...'

Posted: 9/9/2004 7:46:37 PM EDT

[#9]

Of course, you could be prosecuted for anything! Especially if the District Attorney wants to make a name for himself.

It's probably not likely you'd be convicted at this late juncture, but it could cost you financially.

Posted: 9/9/2004 8:03:16 PM EDT

[#10]

Anybody stupid enough to A) Configure their rifle illegally (remember, we're the "law abiding" gun owners we wrote our reps about) and B) Brag about it or post photos is begging for trouble.

Winston Wolf's pic doesn't count. I was told by a sheriff and a gun law attorney that possessing the parts, say a complete "post-ban" lower and "pre-ban" upper, that ARE NOT assembled is perfectly legal. The AWB is not subject to an "intent to illegally manufacture" like posessing a semi-auto AR15 and an M16 parts kit is.

Posted: 9/9/2004 8:03:46 PM EDT

[#11]

If i could afford the parts, I would be highly temped.

Oh... if I didn't live in CT, i'd be even more tempted

- BG

(But i'm building my pre-ban soon... so I get to party.... kinda )

Posted: 9/9/2004 8:08:21 PM EDT

[#12]

Give er shyte Clyde, here you go:

Posted: 9/9/2004 8:31:52 PM EDT

[#13]

Wouldn't they have to have proof that the pictured gun is a post-ban? Most pics dont get detailed enough to show SN's. It could be a pic you found on the internet.

Posted: 9/9/2004 8:32:56 PM EDT

[#14]

Quoted:
Give er shyte Clyde, here you go:

img.photobucket.com/albums/v81/AILapua/AR10A4CLEO.jpg

better hide your dog man!

Posted: 9/9/2004 8:34:56 PM EDT

[#15]

Quoted:

Winston Wolf's pic doesn't count. I was told by a sheriff and a gun law attorney that possessing the parts, say a complete "post-ban" lower and "pre-ban" upper, that ARE NOT assembled is perfectly legal. .

... Not only that, half the fellas that came over to help me out were LEO

Posted: 9/9/2004 8:38:34 PM EDT

[#16]

Sure, if they had proof you had an illegal assault weapon tonight i.e. videotapo, cop saw it, I think they could still theoretically prosecute you even if they did not charge you until next week because it was a crime at the time.

Hmmm..........I like the prohibition analogy but let me raise the stakes.......

IF a slave escaped from a slave State to a free State in 1860, and then returned to the slave State AFTER and the end of the civil war could he/she be prosecuted for escaping?

My guess in NO, since the law allowing slaves and punishment for their escape would no longer be valid.

I see no difference with this law since it wil cease to exist next week.

All you legal types please enlighten me if I am incorrect.