80% lower in NY - AR15.COM

Posted: 4/29/2009 11:23:11 AM EDT

I tried searching, but found nothing for what I'm gonna ask. With an 80% lower how is it viewed in regards to the NY AWB? Obviously it is a gun that would fall under the assault weapon category, but being homebuilt with no proof of preban or postban status, could one get away with building a preban accessorized gun on an 80% lower? Who has the burden of proof to prove a preban weapon on a non-serialized homebuilt piece in NY?

Posted: 4/29/2009 11:40:40 AM EDT

[#1]

Since its being manufactured by you, after Sept 1994 it has to be post ban configured. Built any other way will be illegal. Will "they" be able to prove it? Probably not but you know for damn sure that it is in fact illegal and that leaves you with 2 destinations.
1. The state pen.
2. Eternal happiness with a bayo lug?

Posted: 4/29/2009 11:50:07 AM EDT

[#2]

Forgetting the legal aspect for a moment... just for conversations sake, let's look at your story.

How old are you?

Posted: 4/29/2009 11:54:27 AM EDT

[#3]

as far as age is concerned, it wouldn't make a difference as the weapon or rather lower could have been willed or given to me by a relative who was old enough to have had it before the 94' ban..
Just questioning the potential for a loophole, and wondering if anyone has gone that route before, that's all.

Posted: 4/29/2009 1:21:52 PM EDT

[#4]

As Notarpole points out, few rational people would commit a felony in order to have a few extra features on their rifle. Why not just buy a pre-ban rifle if one must have a bayo lug and flashider?

Posted: 4/29/2009 1:50:11 PM EDT

[#5]

Breaking the law is not a loophole.

Posted: 4/29/2009 6:36:42 PM EDT

[#6]

Quoted:
Breaking the law is not a loophole.

I can't believe members of arfcom are using the word "loophole"

Posted: 4/29/2009 7:08:39 PM EDT

[#7]

Quoted:
....but being homebuilt with no proof of preban or postban status, could one get away with building a preban accessorized gun on an 80% lower?

That depends - do you prefer jelly or syrup?
http://www.youtube.com/watch?v=s_p9AbWQ2wc&feature=related NSFW

Posted: 4/30/2009 9:51:09 AM EDT

[#8]

Quoted:
Breaking the law is not a loophole.

That "law" is unConstitutional at best, and is only a law because the legislative and executive branches of government who's power is derived from the same Constitution that the law violates enacted it through the procedures laid out in that same document.
That said, I'd rather fight the laws in the courts collectively than a felony conviction individually, so prebans are the way to go if you've got to have the FH or bayo lug. The cost of one is alot less than a lawyer's initial retainer, that's for sure, and you won't need to make those tough decisions about whether to use syrup or jelly.

Posted: 4/30/2009 11:04:34 AM EDT

[#9]

hey, someones get set the precedent by having a suit challenging the constitutional validity of said laws...

Posted: 4/30/2009 11:31:25 AM EDT

[#10]

Quoted:
hey, someones get set the precedent by having a suit challenging the constitutional validity of said laws...

Er, yeah. You seem to want to do it as a defendant. You know you can challange the constituionality of a law without getting arrested, right? You just have to pony up the dough.

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