Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Clarification on the last AWB Grandfather clause

Discussion in 'Legal' started by marklbucla, Dec 2, 2008.

Thread Status:
Not open for further replies.
  1. marklbucla

    marklbucla Member

    Joined:
    Jan 13, 2003
    Messages:
    1,195
    Location:
    Los Angeles
    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?
     
  2. Neo-Luddite

    Neo-Luddite Member

    Joined:
    Sep 13, 2006
    Messages:
    2,998
    Location:
    Northwest IL--the other 'Downstate'
    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.
     
  3. ScottsGT

    ScottsGT Member

    Joined:
    Dec 30, 2002
    Messages:
    1,987
    Location:
    Columbia, SC
    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.
     
  4. marklbucla

    marklbucla Member

    Joined:
    Jan 13, 2003
    Messages:
    1,195
    Location:
    Los Angeles
    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:
     
  5. ScottsGT

    ScottsGT Member

    Joined:
    Dec 30, 2002
    Messages:
    1,987
    Location:
    Columbia, SC
    Just a finished and functioning rifle, any configuration by the date.
     
  6. armoredman

    armoredman Member

    Joined:
    Nov 19, 2003
    Messages:
    16,766
    Location:
    proud to be in AZ
    And people wonder why the new 4473 has a "reciever only" box on it.
     
  7. TexasRifleman

    TexasRifleman Moderator Emeritus

    Joined:
    Feb 16, 2003
    Messages:
    18,302
    Location:
    Ft. Worth
    Yeah I mentioned that a while back and I was called "paranoid".
     
  8. ServiceSoon

    ServiceSoon Member

    Joined:
    Jan 3, 2006
    Messages:
    1,404
    Location:
    Michiana
    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?
     
  9. madmike

    madmike Member

    Joined:
    Jan 5, 2003
    Messages:
    2,095
    Location:
    In a well-equipped suburban bunker
    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:)
     
  10. Animal Mother

    Animal Mother Member

    Joined:
    Aug 15, 2007
    Messages:
    569
    Location:
    Southeast
    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.
     
    Last edited: Dec 5, 2008
Thread Status:
Not open for further replies.

Share This Page