- Feb 4, 2013
- 28,175
Okay. I'm not going to get into manufacturing vs assembly, because I think with too much common sense to be able to understand the stupid ways these laws are written and interpreted lol. So I'll assume you're right with that.
More importantly, however, consider the following two scenarios:
(a) You purchased a lower pre-10/1/13. You assembled the lower into a full rifle pre-10/1/13. How does the state know you assembled it? How can you prove you did? Is the burden of proof even on you to do so? Is the state going to charge you with possessing a banned firearm when they have a pre-10/1/13 77r for it? Under your interpretation, even lowers that you did assemble aren't safe. So it doesn't matter.
(b) You purchased a lower pre-10/1/13. You did not assemble it before 10/1/13. How does the state know you didn't assemble it? How can they prove you didn't? Is the state going to charge you with possessing a banned firearm when they have a pre-10/1/13 77r for it? IMO, they can't. Even if it does work that way, it's completely unenforceable.
Burden of proof is on the state. But meantime, you have to deal with the legal bills and confiscation of firearms.
What some people did was to take photos of the assembled rifles and had them notarized (dated). That proves that they were assembled previously.
Or say you bought a number of lowers just before Oct 1, but did not own any uppers. Hard to say they were assembled into banned configurations prior to Oct 1 then.
As with everything, you have to decide for YOURSELF, what level of risk you are willing to take.
The law and MSP interpretation is that if the rifle did not exist in banned configuration prior to Oct 1, then it cannot be made into banned configuration now, even on pre-Oct 1 lowers.
And the same thing with making a stripped lower. BATFE says if you build it as a pistol, you can convert it to a rifle and then back to a pistol. But if you build it as a rifle first, it must stay a rifle or get a tax stamp.
Your choice whether to follow it or not.
And if you choose not to do so, then it is not wise to talk about it on a public forum.
Now the other question is, could you legally put a regulated upper on a non-regulated lower (pre Oct 1)?