Quoted: So if I take the upper off my preban Bushmaster lower, for cleaning, then it is no longer considered preban by the ATF? (halfway kidding here, this is getting crazy)
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No, BATF's opinion allows for disassembly for cleaning and maintenence.
However, their opinion is that if you assemble the gun into a non-AW configuration (such as installing a "post-ban"-featured upper on a fixed-stock lower), then the gun no longer qualifies for the grandfathering exemption (of course, are YOU going to tell them you did this?).
But they also say that if you TRANSFER the gun without it being in AW configuration, it also loses its grandfather clause. Part of the definition of "assault weapon" requires a *complete* gun, not just a "receiver or frame," BTW.
Now, this hasn't been tested in court. But, given the text of the law, and BATF's previous cases, there is a *good* possibility that it would be upheld. Is is BS? Absolutely. Is it a guarenteed winner for BATF? No way. But it's close enough that it wouldn't surprise me if it was upheld.
Hopefully, we'll never have to find out.
-Troy