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Author Topic: Pre Ban and Post Ban  (Read 281 times)

Online brk913

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Pre Ban and Post Ban
« on: February 03, 2012, 10:46:44 PM »
I am sure this has been discussed before but I have a chance to acquire a preban AR (not a Colt or on the named list) but I already own a Post Ban neutered AR. Since there is a line in the AWB that says, "(2) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (1) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (1) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person;"

Would the possession of both of these in the same house by the same person be illegal? I could easily take the upper off the preban and put it on the postban "rapidly". Any thoughts? Anyone out there own both?
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Offline MadSmith

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Re: Pre Ban and Post Ban
« Reply #1 on: February 03, 2012, 11:00:42 PM »
That was a very badly worded statute.  It forces most gun shops, and a vast number of gun owners, to be out of compliance if one follows the literal letter of the law.
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Online GreggAndrews

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Re: Pre Ban and Post Ban
« Reply #2 on: February 04, 2012, 01:52:30 AM »
...

Wow. Never thought of it quite like that. I would ASSUME that if one had two complete guns that you'd be OK. This being said, I definitely see the issue if someone has a pre-ban upper & a post ban lower sitting at their house separately.

Never thought of this. I'm paying attention.
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Re: Pre Ban and Post Ban
« Reply #3 on: February 04, 2012, 07:37:00 AM »
Yep, in theory having a preban and a postban AR sitting next to each other in your gun safe is a violation of the AWB.

On a practical basis, I find it very difficult to envision the circumstances under which you would actually get in trouble for this.  The LE and judicial resources in this state are stretched thin enough as it is.  Finding a police officer and/or prosecutor willing to waste time and money pursuing an arrest and prosecution for this (absent other factors) would be very difficult.

If the two rifles were found next to the 200 pounds of coke you just imported from Columbia or the 15 photo albums of kiddy porn you just brought back from Thailand, I would expect that the AWB charge would be added to the pile, just as a bargaining chip.  If they are sitting there in the home of Joe Average Shooter, who just goes to the range now and then and isn't lumping up his wife or threatening his neighbors with firearms for walking on his lawn, then who is going to know?  And even if they do know, who is going to give a rosy red rat's ass about it?  As Madsmith notes- if any LE really cared about a BS pinch like this, all they have to do is go to any gun shop that sells ARs.

Just as my personal opinion- I wouldn't lose any sleep over it.
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