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New AR15 Lowers Banned By BATFE
JohnJacobH RKBA Commentary ^ | 07/17/10 | JohnJacobH RKBA Commentary

Posted on 07/17/2010 7:42:34 PM PDT by Copernicus

Here we go again.

While the Spaghetti Spined Republicans sing a rousing chorus of their version of Little Orphan Annie’s Tomorrow, the malignant Democrats continue their trek to destroy America from within virtually unmolested.

All together:

The sun’ll come out in November! Bet your bottom dollar In November There’ll be sun! Read More…

(Excerpt) Read more at johnjacobh.wordpress.com ...


TOPICS: Government; Military/Veterans; Politics; Society
KEYWORDS: banglist; batfe; beserkcops; rkba
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Well, this is pretty creepy.

Apparently these BATFE Agents just waltzed into to a gunshop and told them they could sell "replacement" lowers but not "new" lowers.

Question: since the lower IS the firearm, how can the serial number for a "replacement" be transferred from the original?

Best regards to all,

1 posted on 07/17/2010 7:42:39 PM PDT by Copernicus
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To: Copernicus

This sounds like a case of the local BATFE “interpreting” the laws. The gun shops here in FL still sell unassembled lowers.

You’re right. How can the “legal firearm” part of a gun be replaced? That’s like buying a new VIN for a car.


2 posted on 07/17/2010 7:51:47 PM PDT by Bryanw92 (Obama is like a rocket scientist....who's trying to do brain surgery with a hammer.)
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To: Copernicus

Uhhh. I don't think so...

The lower receiver is the firearm, since it is the serial numbered part.

3 posted on 07/17/2010 7:53:35 PM PDT by smokingfrog (freerepublic.com - Now 100% flag free.)
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To: Copernicus

WTF are “lowers”?

Does that by any chance refer to the receiver?

Not everyone here is quite so hip about bang-bangs.


4 posted on 07/17/2010 7:53:35 PM PDT by sinanju
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To: Copernicus; mylife
This is about as dumb as it gets. So the guy hangs up a few signs and the Feds say OK? That guy is smart, the Feds are well, ummm......


5 posted on 07/17/2010 7:54:38 PM PDT by 50cal Smokepole (Effective gun control involves effective recoil management)
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To: sinanju

It is the lower receiver, which is the part with the serial number. The upper receiver does not have a serial number. People buy unassembled lowers from the local gun store and then buy all other parts online to build an AR15 for about half the price of a fully assembled one.


6 posted on 07/17/2010 7:58:37 PM PDT by Bryanw92 (Obama is like a rocket scientist....who's trying to do brain surgery with a hammer.)
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To: Copernicus
The female ATF agent stated, “if we find out that you are knowingly selling lowers for the purpose of manufacturing a firearm, we will shut your store down. We (the ATF) have recently closed down another store for this reason (in a Texas border town), and will do the same to you if we feel you are knowingly selling lowers for the purpose of your customers mfg firearms. Lowers are sold as “replacement parts ONLY!” Immediately afterward, a number of other FFL’s told me they received similar visits and lectures from the ATF…some were so scared that they reported abandoning the sale or transfer of lowers altogether.

BATF is pissing in the wind here. The lower receiver is legal to sell and running around saying you can't sell interchangeable gun parts that are legal to sell is nutty.

7 posted on 07/17/2010 8:05:35 PM PDT by Red Steel
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To: Copernicus

That doesn’t even make sense. In order to “replace” the lower you gotta take the thing apart, then assemble it around the new lower...which according to the sign is illegal.


8 posted on 07/17/2010 8:07:36 PM PDT by Domandred (Fdisk, format, and reinstall the entire .gov system.)
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To: Copernicus

A serialized lower receiver is no more a replacement part than a human head is a transplant organ. It’s everything ELSE which is partible.


9 posted on 07/17/2010 8:18:23 PM PDT by Brass Lamp
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To: Copernicus

This won’t hold up in court at all. The lower receiver is the serialized part, ie the “firearm”, so if you buy a lower, you are buying an AR-15. It is exactly the same as if you bought a fully assembled AR-15. All the other parts are just parts. I bought a Rock River Arms lower receiver and had to go through all the paperwork etc as for a fully assembled firearm. I then bought all the “parts” and assembled it. Same difference; the feds checked me out for buying a firearm, and the serial number is mine. They can’t prohibit people from legally buying a firearm that is missing a few parts.


10 posted on 07/17/2010 8:18:34 PM PDT by Sender (It's never too late to be who you could have been.)
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To: Sender

“They can’t prohibit people from legally buying a firearm that is missing a few parts.”

.
How much of your personal net worth are you willing to sacrifice to defend that position?

Government frequently DOES things that it CANNOT do, and nobody is doing much to stop them. (not just WRT firearms either)


11 posted on 07/17/2010 8:23:14 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: Copernicus
Please post NO pitchers of an AR15 here. I sold mine years ago to help pay for my Wife's engagement ring, and I miss it soooo badly. And now they cost so much that, that kind of extra cash goes to the house.

Seeing one now is like seeing your old high school girlfriend you dumped in the centerfold of Playboy.

12 posted on 07/17/2010 8:23:23 PM PDT by NavyCanDo
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To: editor-surveyor

Heh, my personal net worth would not excite the government.


13 posted on 07/17/2010 8:26:11 PM PDT by Sender (It's never too late to be who you could have been.)
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To: Sender

It’s an imperferct reading of the BATFE interpretation of the law. If you buy a stripped lower and build an AR-15 for yourself, this is legal. If you eventually tire of it and sell it, even at a profit, this is legal. If you buy one and build an AR-15 rifle so that you can sell it, even at a loss, you have manufactured a rifle and you must have a manufacturer’s license to do so.

BATFE gets legal opinions from its staff before they strike out into new territory, and their legal staff is the one that will be advising the USDOJ if they present a case for prosecution. So you face an uphill battle if they decide to go after you.

BTW - even if it was okay to build the AR without a manufacturer’s license, they could also get you for selling it if the sale was a regular course of business and you didn’t have an FFL, so it’s kind of a moot point.


14 posted on 07/17/2010 8:34:42 PM PDT by sig226 (Bring back Jimmy Carter!!!)
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To: sig226

I’m never going to sell it, so I’m not worried. As a bonus, I polished every part with my Dremel tool so it’s better than one “assembled” by a factory.


15 posted on 07/17/2010 8:37:34 PM PDT by Sender (It's never too late to be who you could have been.)
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16 posted on 07/17/2010 8:37:53 PM PDT by leapfrog0202 ("the American presidency is not supposed to be a journey of personal discover" Sarah Palin)
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To: Copernicus
A company acquires one receiver, assembles one firearm, and sells the firearm.

The company is not manufacturing firearms as a regular course of trade or business and is not engaged in the business of manufacturing firearms. This company does not need to be licensed as a manufacturer.

An individual acquires frames or receivers and assembles firearms for his personal use, not for sale or distribution.

The individual is not manufacturing firearms for sale or distribution and is not required to be a licensed manufacturer.

17 posted on 07/17/2010 9:24:01 PM PDT by smokingfrog (freerepublic.com - Now 100% flag free.)
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To: Copernicus

recommend the book “Unintended Consequences” by John Ross for anyone who would like a “Fiction” read on the BATFE.


18 posted on 07/17/2010 9:31:41 PM PDT by Pavegunner72
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To: sig226; Sender
the receiver *is* [just ask billyjeff] the rifle...unless youre milling receivers, you aint manufacturing a 'rifle'...

i know, the guvzilla, and more specifically, the batfags will do what is outside the letter and intent of the 'law' in this case too, as they do with every other infringemnt...

19 posted on 07/17/2010 11:42:19 PM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: Gilbo_3

My post described the action according to the BATFE. If you don’t agree with it, fine, but don’t advise people to commit federal crimes unless you’re willing to serve the prison sentence for them.


20 posted on 07/18/2010 5:45:39 AM PDT by sig226 (Bring back Jimmy Carter!!!)
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