mondocomputerman
Member
If you were to get arrested and charged for having too many "evil features" on your rifle before the AWB sunsets, do you get off whenever the ban does expire (assuming it does expire)
Anybody *ever* been arrested for such an offense?
Hmmm . . . how many bootleggers were prosecuted for violating the Volstead Act after it was repealed?In fact if you break the law on September 13th, you could be arrested on September 15th, prosecuted. and convicted.
Hmmm . . . how many bootleggers were prosecuted for violating the Volstead Act after it was repealed?
I'm guessing manufacturers can't start making hi-cap magazines until Sept. 15th. But one minute after midnight, you could put that collapsable stock on your AR-15! Personally, I wouldn't risk doing it beforehand, but I would make absolutely sure to do it... if/when a new ban is passed, unless they go to the trouble of trying to make it retroactive, anything between 9/14 and the start of the new ban would stay legal.
Yep. They are not concerned about the physical location, merely the person that has physical control over them. You could look at it as would they care if you had a full auto parts kit in your desk for one of the autoloaders you have at home. You can bet they would care.So if I was to go out now and buy a CAR stock for my AR15 and take it to the office and put it in a desk drawer, would the ATF consider that illegal?
I wouldn't do it at one minute past midnight, because I wouldn't even have it in the house. BATFE's interpretation (according to what I think I have learned here) is that if you even possess the parts to convert, for example, an AR-15 into a select-fire M16, you broke the law even if the parts haven't been installed. Why would this be any different to them? The "illegal" folding stock is in the closet right next to the "legal" weapon. I think they could claim it was there and ready to be installed whenever you chose, and that it violates the rules.
This is not comparing apples and oranges. Being in possession of the parts needed to assemble an particular weapon has been ruled to be the same as having possession of that weapon, be it covered by the NFA, AW ban or GCA.Why would this be any different, because you're comparing apples to oranges.
There is nothing illegal about a folding stock, or any other pre-ban items, when not a part of the rifle itself. If you already have the complete weapon with a post-ban legal stock, you can't say you are planning to "construct" a pre-ban AW just by having a CAR stock.
The fact that a person lawfully possesses a registered NFA firearm does not grant authorization to possess additional non-registered firearms. A person who possesses a registered M16 machinegun and a semiautomatic AR15 and a separate quantity of M16 machinegun components could be in possession of two machineguns.
We advise any person who possesses an AR15 rifle not to possess M16 fire control components (trigger, hammer, disconnector, selector, and bolt carrier). If a person possessed only the M16 machinegun and spare M16 fire control components for that machinegun, the person would possess only one machinegun.
http://www-2.cs.cmu.edu/afs/cs/user/wbardwel/public/nfalist/atf_letter90.txt
The definition of a machinegun in section 5845(b) also includes any
combination of parts from which a machinegun can be assembled if
such parts are in the possession or under the control of a person.
The definition of a machinegun in section 5845(b) also includes any
combination of parts from which a machinegun can be assembled if
such parts are in the possession or under the control of a person.
Thus, an AR15 rifle possessed with separate M16 machinegun
components can meet the definition of a machinegun, if the rifle shoots automatically when the components are installed.
If you were to get arrested and charged for having too many "evil features" on your rifle before the AWB sunsets, do you get off whenever the ban does expire (assuming it does expire)
You may rest assured I have read "all of it" on more than one occassion. Please note they state when the components are installed, not if the components are installed.if your going to quote ATF "opinion", you might try reading all of it.
The definition of a firearm in section 5845 of the NFA includes a rifle having a barrel or barrels of less than 16 inches in length. An individual possessing more than one short (less than 16 inches) barreled upper receiver for a registered AR15 machinegun along with one or more semiautomatic AR15 rifles would have under their possession of control an unregistered short barreled rifle, a violation of the NFA.