Posted: 5/30/2009 7:30:06 PM EDT
| So I just realized something when reading a GB auction. I have a lower coming in to my FFL (just the lower) but it currently has a stock that is not pinned and obviously the pistol grip and "ability to accept a detacheable magazine". So thats a 3 evil feature issue. I plan on pinning my own stock once I get it, before I assemble it with an upper. I wonder if this will be an issue? Anyone ever transfer a lower with a stock that is not pinned yet? Or do you think it will be okay because it is not assembled on an upper yet? |
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Regardless of what upper goes on it it's still a no go in NY as a post ban gun. Yup. The lower alone, in said configuration is no-go, in NY, all by itself. Have him just pull the stock off (you can leave the receiver extension on it) or like Shiky said, have him pull the PG. |
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Pardon my ignorance, but they do make bolt action AR uppers. If one of these were attached wouldn't the gun be legal seeing as how it's not a semi-auto? +1 they also make crossbow uppers for ar lowers now! I know! And a 50 BMG black powder...HAHA Ya I guess it will just depend on the FFL then. I mean I won't lie to him and tell him its for a crossbow, like you said maybe he will let me remove the pistol grip. Hell I can even let him keep it if he wants, and pick another up for 20 bucks once my stocks pinned. |
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Take the following for what it's worth. As always you're on your own in complying with the NY AWB. http://www.cs.cmu.edu/afs/cs.cmu.edu/usr/wbardwel/public/nfalist/atf_letter49.txt DEPARTMENT OF THE TREASURY |
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Take the following for what it's worth. As always you're on your own in complying with the NY AWB. http://www.cs.cmu.edu/afs/cs.cmu.edu/usr/wbardwel/public/nfalist/atf_letter49.txt DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS WASHINGTON, DC 20226 MAR 3 1999 903050:EMO 3311Dear :This is in reply to your letter dated January 30, 1999, in whichyou ask if the frame or receiver for a semiautomatic assault rifleis a semiautomatic assault rifle.Title 18 U.S.C., section 921(a)(7) defines the term rifle as aweapon designed, made or remade, and intended to be fired from theshoulder and designed or redesigned and made or remade to use theenergy of the explosive in a fixed metallic cartridge to fire onlya single projectile through a rifled bore for each single pull ofthe trigger. Section 921(a)(30)(B) defines the term semiautomaticassault rifle as a semiautomatic rifle that has the capability toaccept a detachable magazine and that has at least 2 specifiedfeatures.The frame or receiver from a semiautomatic assault rifle does notmeet the definition of a rifle. Therefore, the frame or receiverfrom a semiautomatic assault rifle, in and of itself, is not asemiautomatic assault rifle.You also asked about such a receiver marked as being for lawenforcement or government use only. ATF has previously held thata dealer obtaining semiautomatic assault weapons by falselyrepresenting that the weapons are for resale to law enforcement,but who actually intends to reconfigure the weapons so that they nolonger meet the definition of semiautomatic assault weapon, wouldpossess the weapons in violation of 18 U.S.C. section 922(v). Adealer who made a false statement concerning disposition of theweapon(s) in a letter or other document may also have violated 18U.S.C. section 1001, and if the document was sent through the mailmay have violated 18 U.S.C. section 1342. The Federal firearmslicense of such dealers would also be subject to revocations.We trust that the foregoing has been responsive to your inquiry. If we may be of any further assistance, please contact us. Sincerely yours, [signed] Edward M. Owen, Jr. Chief, Firearms Technology Branch Hmmm...so if I read this correctly (and im in the medical field not law) the section "The frame or receiver from a semiautomatic assault rifle does not meet the definition of a rifle", means that any configuration of a lower by itself is okay, because it, in of itself, is not yet a rifle. And yes, I know you are not telling me what to do one way or another, and I have been responsible in complying with the AWB on my own accord. Im just looking to get this lower home from the FFL so that I can make the necessary mods. Again, if it's a big deal to the FFL I will just remove the pistol grip, no point in clamoring around for a couple bucks. But this is definitely interesting info. I appreciate the post! |
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In theory... the lower ISN'T Semi Automatic, so it doesn't apply.
But that's only a nice idea and nothing more. Your FFL can say NO and point to: "d) any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as:" |