Posted: 4/26/2003 3:06:59 AM EDT
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Would it be legal to posses a Pre-Ban upper, M4 carbine, threaded barrel, FH, bayo lug as long as It was not assembled to a postban lower. I purchased it a while back with the intention of finding a Pre-Ban lower to mate it with but I just have not found the lower I want at a reasonable price as of yet. I was just wondering if there was a law that stated intent of creating an illegal weapon. Would appreciate any information on this. Thanks. |
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Given these facts, (taken verbatim from the Committee print of “The Right to Keep and Bear Arms”; Report of the Subcommittee on the Constitution of the Committee on the Judiciary/ US. Senate, 97th Congress, Second Session, published in February 1982. (Excerpts from pages 19-23) [red][b]“Yet, subsequent to these hearings, BATF stated that 55% of its gun law prosecutions overall involve persons with no record of a felony conviction, and a third involve citizens with no prior police contact at all. The Subcommittee received evidence that BATF has primarily devoted its firearm enforcement efforts to the apprehension, upon technical malum prohibitum charges, of individuals who lack all criminal intent and knowledge.” “These practices, amply documented in hearings before this Subcommittee, leave little doubt that the Bureau has disregarded rights guaranteed by the constitution and the laws of the United States. It has trampled upon the second amendment by chilling exercise of the right to keep and bear arms by law-abiding citizens. It has offended the fourth amendment by unreasonably searching and seizing property. It has ignored the Fifth Amendment by taking private property without just compensation and by entrapping honest citizens without regard for their right to due process of law.”[/b][/red] If it was me I'd go down to the local Home Depot or similar and buy two small pad-locks which will fit thru the front and rear pivot pin and rear takedown holes. I'd fasten both locks, one on each pin and then hide the keys. That way they could in no way claim that the upper could be easily installed onto your post-ban lower as with the locks in place upper is effectively neutered. As to whether this would eliminate the possibility of prosecution, who's to say, but it would at least show that you attempted to follow the letter of the law and might carry some weight. Then there always the fact that you are "shopping for a pre-ban lower" and just haven't found one yet. Don't know if this will help ya out or not, but atleast it'll BTT for others comments, Mike |
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Mike, thanks for your advice. I have a few of those cable locks that come with some semi-auto handguns that I think will fit through the pin holes. Whether it is legal or not at least as you said it would at least show my intentions of not assembling and using a banned weapon. I really am trying to hold on a little longer to see what is going to happen with this AWB so I can make a better decision as where the prices are going to go once they get this stupid thing over with. Thanks again for your advice. |
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If they want to charge you with something, they will charge you with something. So what's your reality? Have you ever had a LEO at your door? Have you ever had your home searched? Are you now, or have you done something in the past that may attract LEOs to you? If it's no to all of this and you don't plan on taking your upper out of your home until after you have your lower, then don't sweat it. The chances are miniscule anyone will know and less than that you will be charged with anything. Now if you wear a belt & suspenders, you may want to rethink my advice. |
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Your best course of action is to store it at another location where there are no postban rifles. Unfortunately all it takes is a phone call from a pissed-off neighbor, ex or current wife/GF to have some nice Leo's at your door. If there is any question of the legality of anything they will take all your firearms for "safe keeping" while they figure out what to charge you with. |
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I'm going to go at this one more time. It's good to know what is and is not the law. It's also good to know the probability of an occurrence. First, what you ask about is legal. Is it possible to cause you problems? Yes. What's the probability? You can be the best judge of that. If you are Regular Joe the probability is miniscule. How many times have you interacted with a LEO? How many times have you had a legal interaction (citation, supeona, etc.) with them? I've had several, including a call for a prowler and somebody torching the house next door. They've never been inside my home. Don't be too paranoid. |