Quoted:
The 94 assault weapons ban says a preban rifle must be completly assembled before 9/94 with all its evil features flashhider,collapsiblestock,bayonet lug etc for it to be legal. [:\]In reality though who would know when it was really assembled though. Just make sure the lower receiver is indeed preban and put it together. Just keep it between your ears. Get the stripped lower only, I believe the kit has all the lower receiver parts included along with the upper already assembled.
Good luck,
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Actually, this is bad information. Unfortunately, self-appointed experts keep repeating this erroneous data and newbies like this guy happily parrot it over and over until it becomes gospel. But it's still wrong.
What makes a lower receiver a pre-ban is the ATF has decided it's a pre-ban. Nothing else.
Of course a whole bunch of people will chime in with a bunch of crap like how it has to have been built before 9/94, it had to stay in that configuration, you have to have a letter proving it was built before the ban, etc. But that is all bullshit.
This is what happened -
When the ban went into effect, the ATF actually visited all the licensed manufacturers and inspected their inventories. This created a curious category of lowers that had been manufactured but not yet assembled, and are considered post-bans.
But - and this is the important part - lowers that had already been sold to dealers and individuals are all legally considered pre-bans by the ATF. That also means that all lowers made by companies that had gone out of business before the ban, like EA Co. and Sendra, are pre-bans.
The reason this is a sore point with me is I had an EA Co. lower for sale that is currently in pre-ban configuration with tele-stock, has been in pre-ban configuration since it was sold to the original owner in 1982, and is a legal pre-ban lower according to the ATF. But you wouldn't believe the parade of morons and nitwits I had to deal with demanding that I prove it's a pre-ban by supplying notarized statements that I personally built it up in 1982, etc. And these morons get these stupid ideas from other morons who keep posting the same, tired, and inaccurate info here over and over again.
So, you think that you have to prove a lower was built before the ban to be legal? What about those "replacement" lowers from Olympic? I can prove that they were made after the ban, and have never been built up into an AW, but the ATF considers them legal pre-bans. Why, because of the serial number.
And that's my point - what makes a lower a pre-ban is the ATF has decided it's a pre-ban and it's on their list of pre-ban serial numbers. I don't decide what's a pre-ban, you don't decide what's a pre-ban, the calendar doesn't decide what's a preban, and some notarized statement doesn't decide what's a pre-ban. The ATF has decided what's a pre-ban and what's not, and that's that!!!
I really wish people would finally get that straight.