possession of a pre-ban upper

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[ARCHIVED THREAD] - possession of a pre-ban upper

Posted: 6/9/2002 9:07:17 AM EDT

I know you can mount a pre-ban upper to a pre-ban lower only. I am wondering if you can buy or possess a pre-ban upper even you don't own a pre-ban lower.

I am going to order a pre-ban upper. This upper is going to be sent to a gunsmith to remove its pre-ban features (bayonet lug and FS) cause I only have a post-ban lower. During the transition time (before the pre-ban features are totally removed), any illegal issue I will be encountered.

thanks.

Posted: 6/9/2002 9:09:57 AM EDT

[#1]

This doesn't directly answer you rquestion, but I would error on the conservative side..

[url]http://www.ar15.com/forums/topic.html?id=120971[/url]

Posted: 6/9/2002 9:19:40 AM EDT

[#2]

As long as you are not planning on inviting Federal agents to your house for a search, you'll be fine.

Posted: 6/9/2002 9:50:52 AM EDT

[#3]

And posting on an interent forum that you are planning on owning an [b]ILLEGAL[/b] item is a good way to stay off their radar. Let the gunsmith order the item and do the gelding for you. THEN take possession of it...

Scott

P.S. Not being harsh. Just trying to steer you in the right direction to do it legally. Your question should have been phrased "How do I legally get a normal upper turned into a gelded upper for my gelded lower?"

Posted: 6/9/2002 9:58:01 AM EDT

[#4]

thanks. I guess the best way is to have the upper shipped to a local gunsmith to get the modifications.

thanks.

Posted: 6/9/2002 10:07:26 AM EDT

[#5]

If you are ordering the upper anyway, why not just order a post ban upper. Seems to me that would stop alot of the hassle and be cheaper than having a 'smith operate on a preban

Posted: 6/9/2002 10:15:14 AM EDT

[#6]

hold on, I still have a question for you.

IMHO, the legalities depends on the combination of the upper and the lower. If you have a single shot lower (no mag well, only take one round at a time), the pre-ban upper is perfectly legal to mount on such lower because this rifle is not a semi-auto rifle.

The thing I don't undersatnd is the upper itself is not considered as a firearm (unlike DIAS or auto sear, they are registered as a machine gun). why bother to possess??

I just wanted to how the lawmakers think it makes sense.

thanks

Posted: 6/9/2002 3:30:55 PM EDT

[#7]

Your thinking too hard. just buy the upper. if you insist on emasculating it do that also.

The spirit of the AW ban was to make civilian possesion of AR's illegal. The quacks tried to pick apart the features on the AR 15 in an effort to ban the weapon. But manufacturers skirted the ban by removing a few features. Nobody (except some of the "pass more laws that i can obsess on" members of this site) really cares about flash hiders and bayo studs.

I've had a handfull of run-ins with law enforcement while in possesion of my AR. And not one of those incidents included a request to verify pre ban status.

JUST MY OPINION.

Posted: 6/9/2002 11:06:01 PM EDT

[#8]

wengv,

If you own a lower which the "preban" upper can legally be fitted to, then you shouldn't have any problems. If you only have a standard, "postban" lower, then possession of both the "postban" lower and the "preban" upper would constitute a violation of the law.

markm is being trollish. You should disregard any advice he gives you.

Posted: 6/10/2002 5:35:52 AM EDT

[#9]

thank Dave_G.

I think the "act" makes people violate the law. Say I wanted to rob a bank, as long as I did not put to the action, my intention means nothing, right. If I put the post-ban lower and pre-ban upper together, I will violate the law because I "make" an illegal setup. I should be right if I don't do that, right.

I am so confused now.

Posted: 6/10/2002 7:48:59 AM EDT

[#10]

It seems to me that it would be a lot easier and cheaper to simply order a post-ban upper.
I would think that it would save you a lot of hassel if you just bought a post ban straight out.
Is there a reason you want an emasculated pre-ban? Or is this just one of those questions you were curious about but had no intention of actually doing?

Posted: 6/10/2002 5:36:04 PM EDT

[#11]

Quoted:
thank Dave_G.

I think the "act" makes people violate the law. Say I wanted to rob a bank, as long as I did not put to the action, my intention means nothing, right. If I put the post-ban lower and pre-ban upper together, I will violate the law because I "make" an illegal setup. I should be right if I don't do that, right.

I am so confused now.

View Quote

Look at my post above.

[ARCHIVED THREAD] - possession of a pre-ban upper

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