Quoted:
The manufacturing of post ban lowers would STILL be legal using my interpation because the lower still only has 2 of the defining features, which are the 2 most desirable features of the AR, the pistol grip and the mag well.
The difference is that if a criminal posseses even a stripped lower, without the fire contol parts in it (hell I could even be a damaged, unusable lower) ad STILL be convicted of possession of a firearm, since the lower, in and of itself, is the gun.
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The detachable magazine is not a feature - it's part of the definition along with semi-automatic. The pistol grip is the ONE defined, allowable "AW" feature on a post-ban AR type.
Under the law, you could not be convicted for mere possession of a post-ban lower, with a telestock attached, and a pistol grip, even if it DID have the fire control components installed. Without an upper installed, it's not a SEMI-AUTOMATIC firearm. Until you've got a complete firearm, or complete kit in your possession which is 1) semi-automatic and 2) has the ability to accept a detachable magazine and 3) has more than ONE of the listed features (here they would be pistol grip and telestock), then you are not, by definition, in possession of a "semi-auto assault weapon". If you're in possession of an "SAAW", then the provenance and grandfathered status of the receiver are your defense or lack thereof.
In the above example, if you also owned an upper with a gas tube, ATF might be able to make some sort of 'constructive intent' case against you. If that upper with the gas tube, etc was also in the same box/container with that lower, it'd be a complete post-ban SAAW by definition and there'd be no 'intent' necessary to prove.
A criminal in possesion of a stripped firearm receiver is in possession of a firearm, yes - but not in possession of a "SAAW". Prohibited persons are not allowed to possess any firearms at all, while persons like you are me are simply not allowed to possess a post-ban "SAAW".
All I'm saying is that the ATF is making some of these "opinions" on the fly, and will make the interpation that suits them at the time, regardless of law.
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That is undoubtedly true - unfortunately, that's the function of a regulatory agency, which is to determine and define, within the limits laid out in the enacting legislation exactly what the law means in practice. If you can prove to a judge that the ATF's interpretation has exceeded the limits of the enacting legislation, then you'll win and the ATF will lose. Until that happens, ATF's arbitrary opinions have the force of law.