Question on Lower Recievers and ban

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  • Texas42

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    I'm really sorry if this is a answered somewhere else.

    Based on the Clinton AWB, if you own a lower reicver only when the ban was instigated, would it be completely legally to buy an upper later.

    I know this is pretty speculative, but here goes.
     

    Texas1911

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    Yes, uppers are not considered a firearm, and are only subject to NFA and AWB laws (flash hiders, barrel length, etc.)

    The lower is considered the firearm.

    The new 4473 however does create a different situation. There is a box for an action only, whereas originally the lowers were transferred as "Action Only", but marked as a Rifle unless marked Pistol on the lower, which they were then transferred as a pistol.
     

    ducksps

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    build it before any law is enacted and have proof

    Best bet would be to finish your build before any ban or restriction is enacted. With any reciever I would keep receipts for the final gun being built to prove your were in compliance on such and such date.

    This is a cloudy area and I would lean on the side of caution.

    Chris
     

    Renegade

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    I'm really sorry if this is a answered somewhere else.

    Based on the Clinton AWB, if you own a lower reicver only when the ban was instigated, would it be completely legally to buy an upper later.

    I know this is pretty speculative, but here goes.

    Yes, you could BUY it, but it had to be a POST-BAN upper if you were going to put it on that (previously unassembled) lower.
     

    M. Sage

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    I don't understand the question. Do you mean that if we were still under the Clinton ban, could you do this, or do you mean can you do this now with a lower you bought during the Clinton ban?
     

    ducksps

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    since the ban expired

    As the Clinton AWB expired a reciever from that time can be built to the specs allowed today. Barrels less than 16 inches still fall under NFA but muzzle breaks, flash hiders ect are allowed again. Should a new law be enacted similiar to the old which grandfathered previous firearms you would want to have your firearm complete or you would be guilty of building an illegal firearm if it was built after the date of any new law.

    All of this is speculative and based on my knowledge of the previous AWB. This can be a grey area if a ban comes about or you start adding forward grips to pistol recievers or short barrels putting you in NFA land. If you have any specific ideas post those and never hesitate to get clarification from multiple parties who may include the BATFE before even buying the parts for some projects.

    I hate to be vague but want to be on the side of caution.

    Chris
     

    Old Man of the Mountain

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    Someone told me today that Henry Kissinger (Commie Rat) made a public statement where he was bragging that there would not be a single legal gun in the hands of any American Citizen by September 2009.
     

    Patrón

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    Someone told me today that Henry Kissinger (Commie Rat) made a public statement where he was bragging that there would not be a single legal gun in the hands of any American Citizen by September 2009.
    he drank too much of grandpa's coughsyrup this morning.
     
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