User Panel
Posted: 9/10/2004 12:22:01 PM EDT
I am adding a bayonet lug and flash supressor to my AR15 after the ban lifts. Should I document this in case of future bans that have a grandfather clause?
Should I just write out the description and serial number of the gun and have it notarized? Would that be sufficient? I am also adding a pistol grip to an Ithaca 37. I know it is legal now, but should I document it in case of other future bans with a grandfather clause? What are you guys going to do? Out moved to GFD from the SF by FS :) |
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1) change (fix) weapon
2) don't worry about documentation 3) take some photos if it makes you sleep well at night 4) if another Ban passes, there won't be a Grandfather Clause. We'll be lucky to get Registration instead of Confiscation |
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Asl long as this is still America you shouldn't have to prove anything, it is the requirements of those wanting to prosecute you to prove that the rifle was never modified this way before the ban. Pretty much an imposible case. If your rifle is made before some hypothetical new ban you will be able to keep the goodies on it.
The fear is that there would be a new ban, and especially that it would not have a grandfather clause. |
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Question: How do you prepare for a ban that doesn't exist?
Answer: You don't! |
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In the early 80's, I added a flash suppressor to my mini-14. How was I to know that in 94 they would pass a stupid ban that said you may have to prove you did that before 1994. Well guess what?, in the ten years since 1994 it never came up. What's even more interesting is the unbelieveable number of post-ban hybrids with "Evil Features" I have seen at range almost everytime I go and no one has said boo! I sometimes wonder it has only been those of us on ARFCOM that have given a damn.
Still this time, I'll take a picture of the mods I'm making more for bragging rights than anything but just in case will add a news paper front page. What the heck. Tj |
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TJ,
Can you explain the newspaper thing to me? I have heard several people mention this as a way to show status at a particular time but I don't see how it works? I can take a picture of my glock 30 laying on top of a newspaper that says "Germany Surrenders" but that doesn't make my Glock 50 years old.... |
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I'm saving all my receipts for the evil features that I put on. The receipts are dated and stapled to my original bill of sale for my firearms.
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I do not have a crystal ball either. Enjoy what you can wile you can. Look what just happened in N.J. Here in So. Fl., They tried to push thru local laws wile all citizens were asleep. It did leak out and they were defeated. They did try however. We have some nasty self serving democrats here. They forget what it is they have come to and why it was here for them. |
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When I first read your post, I thought to myself "Uhhhh.... You don't understand??" - Then I realized what you were saying. You're right, I don't see how taking pictures of your "AW" laying on a news paper will be of any use. If it was, then I could've taken a picture of all of mine in such configuration while the evil ban was still in place using a news paper from before the ban was put into law... Might as well take the pictures with your AWs against a plain background. Right? |
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No it doesn't prove a thing, however does create "Reasonable Doubt" and like I said some bragging rights.
If you wanted some sort of proof then you could write a sworn statement, have it witnenessed by two witnesses,and then notorized and sealed. I don't think I'd care to do that like my flash suppressor of the early 80s if they want a deal out of it then I can get sworn statements at that time. Tj |
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Ah, I see. Maybe it's not such a bad idea to snap a few pictures this Monday. Just for fun if anything. Yeah, if something's in the breeze then I'll get it notorized to be safe. |
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+1 |
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I am more worried about a state ban.
Having it notarized seems much better and legal than "taking pictures." |
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Not another one of these foolish threads.
DOOP! We need a "ChickenShit Gun Owner" Forum. |
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Markm -
Sorry, some of us have FAMILIES and gave up the macho outlaw stuff when we were 16. I would think that being SMART is better than being in jail. Out |
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ALthough taking a photo/saving receipts/ getting sworn statements notarized might not prove anything in the future, IT CAN'T HURT TO HAVE IT. Better to be a little paranoid and not need the proof than have Joe ATF cuffing you because you have no way to prove anything IMHO.
And to anyone who says that the burden of proof is on the government for a future ban, I simply direct them to the '94 ban. As far as I understand it, it is your burden of proof to show that the weapn was a fully assembled preban configuration rifle prior to 1994. Of course that don't mean sh*t in about 48 hours! |
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Agree to the above. The thing about using a newspaper is to provide a background that will make the photo difficult to "alter" without detection. For CYA purposes, and to self-insure for possible future "Grandfather" clauses, I will take photos of the weapon, its serial number, (temporarily filled in with some whitening compound, like toothpaste) and the alterations permitted by the ban's expiration, with (hopefully) all 3 visible in the same photo. If that's not possible, than I'll alter to suit circumstances. In any event, the photo will be notarized, with a date stamp as well. Stored in a secure location, of course. While a brief period of "Banlessness" can be expected after the 13th, a reintroduction on the Fed level is only a mass-murder away given a sympathetic Congress and White House. Such things cannot be predicted, so it is wise, IMHO, to take steps to "grandfather" oneself. In addition, States and even Localities may attempt tp institute some sort of Ban, and the chances of their being immediately successful are quite good in some areas. This is perhaps a more pressing reason to take precautions than any other reason, at least depending on where you live. YMMV. |
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I am going to do EXACTLY what MILLIONS of guys did in 1994 to "prove" the "pre-ban" status of their wepons...................................
NOTHING!!! It seemed to work just fine for 10 years. |
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I have a family. I've owned AR's for about seven years now. No one has ever asked me to prove that my shit was compliant BECAUSE NOBODY CARES. |
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Must have forgot my brain meds the day I posted this. Trick to the photo proof is take the pic with the paper then mail a copy to yourself. Leave the envelope sealed. This ties the timeframe down due to the postmark which is federal stamp.
Tj |
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Why do you have to prove anything up front? Do you have to prove to anyone that you are a capable driver before you drive somewhere? |
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I think he means in case a new, similarly structured ban is passed later. |
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Excuse my ignorance, BUT..
Who would you have to prove your guns are legal to ? As I understand it, the burder of proof lies with the person or agency challenging that your weapons are in fact 'illegal'. So if the person, officer, or agency says your guns are illegal, THEY should have to prove it, not you. |
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I was going to post this same question, glad I caught this.
I'm going to go with notorization myself. better safe than sorry. GM |
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Why not play it REAL safe...............just get rid of those baby killing bullet hoses. Then there is no chance of "getting in trouble". No flame intended here, really. I just don't understand this kind of thinking. We are doing nothing illegal (and we have the letter from the AFT now to prove it ), why are gun owners acting this way? It's time we all start acting a little less like scared children and a little more like Rosa Parks. Like her, I kinda like my seat on the bus right now and I'm not giving it up to anyone! |
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Fook, The maxim "innocent until proven guilty" is all well and good, but it does not take into account the parameters of what constitutes "guilt". Under the now-expired 1994 AWB, the law outlawed ALL "assault weapons" and provided a defense if the gun in question was legally owned prior to enactment of the ban. Thus, under the old law, all the government had to prove was that the gun in your possession met the statutory definition of a banned "assault weapon" and it was up to you to prove your defense. The way the law was framed, the fact that a gun was a grandfathered "pre-ban" was a defense to the charge, and the prosecution does not have to disprove all possible defenses; its up to the defendant to raise and prove his defense. Thus, the reason you are now seeing threads as this one is because IF another ban is enacted, and IF it is similarly structured as the last one, people want to be covered just in case. Call it proactive CYA. |
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Actually the last ban put the burden of proof on the gun owner. The flash suppressor for example I had on my pre-ban era Mini 14 was illegal by the 94 ban unless I could prove it was installed prior to 1994. Hell how could I prove what happened 10 years before the stupid ban? Was a damn stupid law and glad it's gone but wouldn't be surprised if some other BS like this was added to any future legislation. Even something as lame as a simple re-enstatement would mean we would have to prove our mods were made during the dead time. Tj |
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How do I prove that the bag of frozen peas I just purchased is "legal"?
You know, just in case there's a Frozen Peas Ban in the future... ...I want to be ready. |
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Cincinnatus -
You can worry about your "frozen peas" all you want, some people here are talking about protecting their rifles....... If Kerry is elected you can play with your frozen peas all you want. Out PS - the burden of proof is on you to prove your firearms are legal...not the governments. |
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Don't be a pussy.
Protecting your rifles' legality is just a matter of having some balls. Trying to worry about the future, tedious hoops that some yet to be passed law may require us to jump through is a waste of energy. If there is no current law that prohibits you from purchasing or possessing your weapon, don't lose sleep about the DETAILS of a law that is yet to exist. Who here made all sorts of notarized preparations for the '94 Ban? What's that? No one? Why don't you ask the government to keep a database of registered AWs, so that way, when they ban them in the future, yours will be safe? Sounds like a bad idea? Then why do it to yourself? You're talking about "self registration", that in the future you will show the government, hoping it satisfies their needs. The only elaborate "paper trail" I'm going to keep, to "protect my Rifles", is a little note I'll keep in my wallet. It'll read: "Fuck them, these guns are mine." |
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Hmmmm. Some folks might call them 'fighting words".
I prefer to act based on a combination of balls and brains. Ever read Sun-Tzu? "It is better to out- think one's opponent than to out-fight him". A little preparation will save your balls, and maybe your hide, too.
Don't concern yourself with my energy level. We know some of the Anti's tricks now. Why not prepare for them? Besides, if the firearms are ever stolen, for example, such photos would be of considerable use in their recovery.
You are so right! Why worry about the future? Do you have fire insurance on your home? Why bother if it hasn't happened yet?
Don't recall that anyone had the foresight. Maybe you think we shouldn't learn from the past? I do recall people wishing that they had proof of "Grandfathered" status, though. Quite a few, in fact.
Wrong again. It's my private database, pertaining to me alone, and safely stored under my control away from prying eyes..
I appreciate your sentiments, and agree that that will be the correct approach when certain events occur. "Till that point is reached, you keep your slip of paper, I'll keep mine, and we'll both be happy. |
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It's a database that you will keep to someday show the government, after the enactment of some future Ban, in the hopes that they will deem your weapons "legal", based on your records. By the way... my post was in reply to "AmericanPatriot1776", not you. |
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[sarcasm]Come on guys just stick your head in the sand. They won't ban these guns again. [/sarcasm]
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Three things--Don't register, don't register, and third, don't register.
And remember the three S's, and don't register. |
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Bingo. |
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Cincinnatus-
Sir, I do not know you. I can only assume that you are very passionate about your guns and place your ownership of them above all else. I however, value some other things higher.....on this point you and I disagree. I do find it commical however, that you have sank to the level of name calling, especially on an online forum, where you know that you and I will never meet. Name calling is usually the result of not having something constructive to say. You have made your point clear and it is obvious that you disagree with me - that is fine because both you and I want the same things - to keep our guns. We just have differnet opinions about how to do it. There are several people on this thread who seem to agree with me and have thought of the same things. I hope you let us continue this discussion without repeating your opinion over and over again.......we get your point already, but disagree. You stating it over and over again is probably not going to change anyone's mind. Cincinnatus-thank you for your input. So......does anyone think that a notarized signature on a document that includes the guns serial number will be enough? Any lawyers in this group? Out |
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Name calling?
C'mon, don't be a pussy. I didn't call you any names. I gave you sound advice. You may choose to ignore it. But I think you'd be well served to look at the majority opinion here, rather than seek satisfaction in gleaning those few who agree with you about this. I meant no insult, it's just an expression. |
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