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Author Topic: What happens when I get a Certificate of Possession for a pre-ban?  (Read 539 times)

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Online BerettaBoy213

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Sorry for yet another SBR post, but I've done a search and I cannot get a definite answer to my satisfaction.

I am looking into SBR'ing my pre-ban AR and AFAIK you have to get an AW Certificate of Possession from the state to go with your Form 4 for the ATF. Right now my pre-ban is just like any ol' rifle according to the state, with no AW specific restrctions. However if I CoP my pre-ban, does any new restrictions, IE selling, transfering, transporting, etc. apply? Will getting the CoP "marry" the rifle to me? Does it, in a sense, become an post-ban when I "make" it into a SBR?

Also, AFAIK it is only an SBR with the SBR upper, so should I ever want to sell it I can just put the 16" .223 upper on it and it is no longer an SBR and the buyer doesn't need to go through the ATF to buy it, even though the lower is engraved as an SBR. It this true?



Offline SEABASS18

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Re: What happens when I get a Certificate of Possession for a pre-ban?
« Reply #1 on: February 13, 2017, 12:44:38 PM »
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Sorry for yet another SBR post, but I've done a search and I cannot get a definite answer to my satisfaction.

I am looking into SBR'ing my pre-ban AR and AFAIK you have to get an AW Certificate of Possession from the state to go with your Form 4 for the ATF. Right now my pre-ban is just like any ol' rifle according to the state, with no AW specific restrctions. However if I CoP my pre-ban, does any new restrictions, IE selling, transfering, transporting, etc. apply? Will getting the CoP "marry" the rifle to me? Does it, in a sense, become an post-ban when I "make" it into a SBR?

Also, AFAIK it is only an SBR with the SBR upper, so should I ever want to sell it I can just put the 16" .223 upper on it and it is no longer an SBR and the buyer doesn't need to go through the ATF to buy it, even though the lower is engraved as an SBR. It this true?

I believe you're mistaken if you think your "pre-ban" Assault Weapon is a "normal rifle" in the eyes of the state..... In the eyes of a state it's a full blown assault weapon that has specific rules around transporting. It's just different in that it is actually transferable to a normal citizen in state.

Only difference between a pre-1994 AWB Assault Rifle and a 1994-2014 Assault Rifle is that the later can't be transferred and if they weren't declared and AW Cert issued can't be possessed by normal citizens legally.

All requesting an Assault weapon cert really does is put that rifle in that database and gives you a piece of paper the BAFTE wants to see before approving a stamp.
« Last Edit: February 13, 2017, 12:55:57 PM by SEABASS18 »

Online sbhaven

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Re: What happens when I get a Certificate of Possession for a pre-ban?
« Reply #2 on: February 13, 2017, 12:57:41 PM »
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Right now my pre-ban is just like any ol' rifle according to the state, with no AW specific restrctions.
This is incorrect. The way the You are not allowed to view links. Register or Login is worded, a preban is still considered an assault weapon, if it meets the feature requirements, it is just a firearm that is exempt from the ban on assault weapon sales and transfers and it is exempt from the need to be registered with the state (CoP). One is still restricted on where it can be possessed and how it is transported between those locations where you can legally possess it. Stupid? Yes but that's the way the statute appears to be worded/written.

Yes having a Certificate of Possession will in effect "tie" that preban to you in the sense that the state will have the firearm registered to you in their AW database. Same goes for any firearm that has a DPS-3-C submitted on it when one files that paperwork. One can contact DEEP/SLFU to get a list of what firearms are listed (registered) to them. Some have found the list is very inaccurate for a number of reasons.
« Last Edit: February 13, 2017, 12:58:18 PM by sbhaven »
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Online BerettaBoy213

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Re: What happens when I get a Certificate of Possession for a pre-ban?
« Reply #3 on: February 13, 2017, 01:24:48 PM »
But with a CoP is it transferable to a normal in-state person like an ordinary rifle?

Offline SEABASS18

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Re: What happens when I get a Certificate of Possession for a pre-ban?
« Reply #4 on: February 13, 2017, 01:31:57 PM »
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But with a CoP is it transferable to a normal in-state person like an ordinary rifle?

If it was made prior to 1994 it's transferable, CoP or not.

Post 1994 AWB to 2014 AW's with CoP are not transferable but can be bequeathed to heirs.

Literally all getting a CoP does is put it in a second DB (it's in the first registry via DPS-3c when you got it) and give you a nice piece of paper the BATFE "needs" to see to approve a stamp.
« Last Edit: February 13, 2017, 01:35:59 PM by SEABASS18 »

Online BerettaBoy213

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Re: What happens when I get a Certificate of Possession for a pre-ban?
« Reply #5 on: February 13, 2017, 01:36:00 PM »
OK, that's the answer I was looking for, thanks.

Online LR24

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Re: What happens when I get a Certificate of Possession for a pre-ban?
« Reply #6 on: February 15, 2017, 11:10:59 AM »
OP, I"m sure you meant to say ATF From 1, not Form 4  :smiley:

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Re: What happens when I get a Certificate of Possession for a pre-ban?
« Reply #7 on: February 15, 2017, 01:27:33 PM »
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OP, I"m sure you meant to say ATF From 1, not Form 4  :smiley:

Form 1 = possession

Form 4 = manufacture

yes?

FUBAR laws.

Online Silverbear

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Re: What happens when I get a Certificate of Possession for a pre-ban?
« Reply #8 on: February 15, 2017, 03:30:37 PM »
The Form 1 is an application to make and register an NFA device.  The Form 4 is an application to transfer an NFA device (with $200 transfer tax).
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Re: What happens when I get a Certificate of Possession for a pre-ban?
« Reply #9 on: February 16, 2017, 10:48:13 AM »
Note that you 'make' a form 1 device not manufacture it even though you may be creating it from scratch.   Manufacturing is something done by a company.