Clarification on the last AWB Grandfather clause


PDA






marklbucla
December 2, 2008, 10:59 PM
At the stroke of midnight, was anything currently configured as an "AW" grandfathered in, or would one pre-ban style upper installed at some point in time over multiple lowers have made all the lowers "AWs" and thus, Pre-Ban?

If you enjoyed reading about "Clarification on the last AWB Grandfather clause" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
Neo-Luddite
December 3, 2008, 06:57 AM
Under the 1994 law, in basic terms, ONLY the lower counted as 'pre-ban'--and IIRC the thing had to be config'd with the AW 'do-dads' prior to the law taking effect or one COULD NOT lawfully add them later.

In practice there was no way to know when the AW had been 'decked out' as such.

Don't worry---the NEXT go-around attempt will likely not be so cosmetic.

ScottsGT
December 3, 2008, 09:48 AM
No, it had to be a built rifle by the date to be a pre ban. Not the add-ons. That was the big confusion factor, and one I keep bringing up, but everyone ignores me! With all of the stripped lowers being sold like hotcakes, how does one prove it was BUILT into a rifle before the next ban takes place. The only documentation the BATFE has is that is was sold as a stripped lower before XX/XX/XXXX There HAS to be a way to legally declare a stripped lower was built on XX/XX/XXXX ???
I've been trying to get this point across to my local 'smith that there is a market for him to start up a "Completed rifle" form with his FFL# and signature on it, then notorized. $20 for a sheet of paper, and it would put thousands of buyers at ease.
If you bought a lower 3 years before the ban, and built it 5 minutes after the ban, it was a post ban rifle. Build it 5 min. before the ban, it is a pre ban, BUT BURDEN OF PROOF IS ON YOU to prove is was pre ban.

marklbucla
December 3, 2008, 10:27 AM
No, it had to be a built rifle by the date to be a pre ban.

This is the very point that needs clarification. A varmint style upper could have been installed on any number of lowers with collapsible stocks and they would all be built rifles with the two evil features before the ban date.

Either of the two scenarios would meet the LETTER of the law that I've read, so I guess maybe I should stop asking questions. :rolleyes:

ScottsGT
December 3, 2008, 10:44 AM
Just a finished and functioning rifle, any configuration by the date.

armoredman
December 3, 2008, 10:44 AM
And people wonder why the new 4473 has a "reciever only" box on it.

TexasRifleman
December 3, 2008, 10:54 AM
And people wonder why the new 4473 has a "reciever only" box on it.

Yeah I mentioned that a while back and I was called "paranoid".

ServiceSoon
December 3, 2008, 04:09 PM
And people wonder why the new 4473 has a "reciever only" box on it.So now you won't be able to mix and match uppers and lowers? Gone is the day of regulated lowers only? What say you?

madmike
December 5, 2008, 10:55 AM
My wife is a DoD trained forensics and combat photographer, who will be happy to photograph your weapon, clearly showing the format and serial number, with a locked image showing time and date, and a certified statement to the effect that she is willing to testify to in court.

For a price:)

_MY_ price is that we go shooting. Bring the gun and negotiate with her for her price:)

Animal Mother
December 5, 2008, 01:06 PM
If you bought a lower 3 years before the ban, and built it 5 minutes after the ban, it was a post ban rifle. Build it 5 min. before the ban, it is a pre ban, BUT BURDEN OF PROOF IS ON YOU to prove is was pre ban.

That's why during last year's Christmas I made sure that the upper receiver that I had gotten as a Christmas present was assembled on a lower and wrapped. When I unwrapped the now completed rifle, in front of family and friends, I made sure we got lots of nice pictures. :)

(Another method I use is to list it as a complete rifle on my insurance.)

One can never be too careful.

If you enjoyed reading about "Clarification on the last AWB Grandfather clause" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!