Building on a preban (10/2013) ar-15 lower

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  • It is my understanding that if you have a stripped lower receiver that was purchased before 10/2013, it must have an hbar if it is assembled after 10/2013. Is this correct?
     
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    yup because the msp says different.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    It is my understanding that if you have a stripped lower receiver that was purchased before 10/2013, it must have an hbar if it is assembled after 10/2013. Is this correct?

    The law is ambiguous about the issue. A strict interpretation would say that it needed to be assembled into a non hbar configuration before the cutoff date. Others are not as strict on the interpretation. In either case, the state would need to prove that it was not possessed prior to the cutoff date. You need to determine the level of risk you are willing to take. I tend toward the less strict interpretation.
     

    HordesOfKailas

    Still learning
    Feb 7, 2016
    2,205
    Utah
    If you can prove you owned it PRIOR, BEFORE, or PRECEDING 10/13, then you can use whatever barrel profile (NFA excluded). The HBAR requirement is for lowers purchased AFTER or LATER than 10/13. Assembly date in this case is not relevant.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    If you can prove you owned it PRIOR, BEFORE, or PRECEDING 10/13, then you can use whatever barrel profile (NFA excluded). The HBAR requirement is for lowers purchased AFTER or LATER than 10/13. Assembly date in this case is not relevant.

    First of all you don't need to prove anything, that is the states job. Technically the sale of stripped lowers has not changed. What has changed is stripped lowers bought after the cutoff date cannot be assembled into a banned configuration. What is unclear is whether stripped lowers bought before the cutoff date can be assembled into a banned configuration. It becomes a matter of interpretation and how much risk you are willing to accept.
     

    HordesOfKailas

    Still learning
    Feb 7, 2016
    2,205
    Utah
    First of all you don't need to prove anything, that is the states job. Technically the sale of stripped lowers has not changed. What has changed is stripped lowers bought after the cutoff date cannot be assembled into a banned configuration. What is unclear is whether stripped lowers bought before the cutoff date can be assembled into a banned configuration. It becomes a matter of interpretation and how much risk you are willing to accept.

    I suppose you're right, but the general consensus seems to be that ownership before 10/13 is all that matters. IANAL.
     

    deesly1

    Active Member
    Nov 16, 2011
    412
    First of all you don't need to prove anything, that is the states job. Technically the sale of stripped lowers has not changed. What has changed is stripped lowers bought after the cutoff date cannot be assembled into a banned configuration. What is unclear is whether stripped lowers bought before the cutoff date can be assembled into a banned configuration. It becomes a matter of interpretation and how much risk you are willing to accept.

    So Correct me if I am wrong. I Lower purchased prior to 10/1/2013 was considered a firearm, due to the 4473 and the 77R you filed out. So all rules/laws before 10/1/2013 apply to that firearm! The proof is the 77R. There may be a problem with the long guns purchase before 10/1/2013 because the state never registered a 77R on those particular firearms. IMO
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    The law is ambiguous about the issue. A strict interpretation would say that it needed to be assembled into a non hbar configuration before the cutoff date. Others are not as strict on the interpretation. In either case, the state would need to prove that it was not possessed prior to the cutoff date. You need to determine the level of risk you are willing to take. I tend toward the less strict interpretation.

    This ^^^^^^

    Last time this came up, several of us emailed MSP about the question. A couple of us emailed more than once.

    And got different answers. Probably them most honest one, basically said they did not know, and know one had made up their mind.

    So do what you think is OK.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    So Correct me if I am wrong. I Lower purchased prior to 10/1/2013 was considered a firearm, due to the 4473 and the 77R you filed out. So all rules/laws before 10/1/2013 apply to that firearm! The proof is the 77R. There may be a problem with the long guns purchase before 10/1/2013 because the state never registered a 77R on those particular firearms. IMO

    Email MSP and ask the question.

    And then a few days later, do it again.

    Then post the results. :)
     

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