Hypothetical "Pre" and "Post" ban question [Archive] - Glock Talk

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GMB
07-29-2011, 00:59
I'm looking for the (not necessarily definitive) legal answer to a possible contingency, and I'd like to hear all educated opinions on this.


We all know the serialized part on an AR-15 is the lower.
What follows is a hypothetical scenario. Suppose that:

1) I buy a AR lower and get it legally transferred to me, standard ATF procedures and whatnot. I now own a "rifle" that is essentially a forged/milled hunk of metal.

2) Some time the in future, Congress passes some horrid feel-good legislation that instates a ban on certain firearm features (similar to the defunct '94 Assault Weapons Ban), such as telescoping stock, pistol grip, etc. However, pre-ban weapons are grandfathered in.

In this scenario, is my previously-purchased receiver grandfathered in? That is, am I allowed to acquire and install these banned features on my AR lower, given that the "rifle" itself was acquired before the ban, and the rest of the parts are non-serialized, and therefore just "gravy"?

If this is a valid train of logic, then it would be a good option for cheaply guaranteeing oneself future access to an "evil black rifle" for a low cost of investment today. Thoughts?

1gewehr
07-29-2011, 08:58
Trying to 'what-if' a law which doesn't exist is pretty difficult. Realistically, they can write to cover all receivers, too.

The expired law referred to any rifle in that configuration as of the time the law was passed. So, if you bought a receiver prior to 1994, and had it with a bayonet lug, pistol grip, folding stock, etc, it was legal. Theoretically, it was illegal to take a previously-bought receiver and add those features. But the burden of proof would have been on ATF to prove you did it AFTER then ban. I would not count on any such loopholes in the future.