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 Annies Tomorrow, the malignant Democrats continue their trek to destroy America from within virtually unmolested.
All together:
The sunll come out in November! Bet your bottom dollar In November Therell be sun! Read More
(Excerpt) Read more at johnjacobh.wordpress.com ...
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,
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.
Uhhh. I don't think so...
The lower receiver is the firearm, since it is the serial numbered part.
WTF are “lowers”?
Does that by any chance refer to the receiver?
Not everyone here is quite so hip about bang-bangs.
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.
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.
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.
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.
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.
“They cant 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)
Seeing one now is like seeing your old high school girlfriend you dumped in the centerfold of Playboy.
Heh, my personal net worth would not excite the government.
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.
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.
An individual acquires frames or receivers and assembles firearms for his personal use, not for sale or distribution.
recommend the book “Unintended Consequences” by John Ross for anyone who would like a “Fiction” read on the BATFE.
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...
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.
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