The Down Range Forum
Member Section => Politics & RKBA => Topic started by: alfsauve on January 16, 2013, 11:37:06 AM
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Consider the picture of the control part of a gun.
(http://www.theshootersbox.com/images/dpms_ar15_lower_receiver_1.jpg)
Is this an AR-15?
Is it even a rifle, or is it a pistol?
Is it a bolt action rifle?
Or even a cross-bow?
I wonder how NY's laws and the proposed federal ban are going to work out on this?
Can people keep their uppers? Can they swap out an AR-15 upper for a bolt action and keep the lower?
Can I file paperwork and pay the "tax" to convert an AR-15 to a pistol and keep it? Under NY law? Under Obama law?
Hmmmm
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Under current law the pictured part is a receiver buy ATF. If you have a complete lower (receiver, trigger, pistol grip, butstock) it is defined as a rifle by the ATF.
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Not if the manufacturer paid an extra tax, then it's a pistol.
But what kind? Because what it ends up being depends on the upper.
If I'm in NY and I put a bolt action upper on it, is it an AWB subject to the new laws?
Can I keep the semi auto upper as long as I don't put it on he lower?
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Not if the manufacturer paid an extra tax, then it's a pistol.
I beg to differ. I fill out 4473 all day long. The ATF 4473 definitions are a constant. A stripped receiver is defined as a receiver. A complete lower is a rifle. A pistol can't have a butt stock. If it does it is a SBR and must have paperwork.
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Okay, I'm bad. You're right if a "receiver" (a lower) that has never had a stock mounted on it, is bought, and documented as such, then you can build it either into a rifle or pistol. But if you assemble it as a rifle first you cannot make it into a pistol later. But if you make it into a pistol first then you can go either way later.
I mistakenly thought the determination was made by the manufacturer. But that's only so if they assemble it into a rile. If they sell it virgin then the buyer gets to decide.
BUT THE QUESTION REMAINS. How do NY and Feinstein's proposed laws treat a virgin lower?
Are they assuming it is automatically an AR? What if, when "they" come knocking I don't have an upper. What if I only have a bolt action or cross bow upper? What if I have assembled it as a bolt action but have an AR upper in the back of the safe? Does their definition of AWB include pistols or just rifles? Is this a loop hole?