What can be built on a pre-2013 AR Lower?

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  • Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I actually did something very similar...
    I put a pencil barreled upper on them and fired one round per lower on 10/28/13. They were officially assembled (and fired) as non-HBAR's prior to 11/01/13; albeit for <30 minutes each. Fortunately I had LPK's for all of them. Unfortunately, I only had one barreled upper, buffer and stock. Otherwise, the ~30 minutes each would have dropped to ~3 minutes each.
    It was all in the name of covering myself under Owe'Malley's new law.

    Hmm, FSA 2013 became effective on 10/1/2013, so if those dates are correct, you did that illegally.
     

    Xshot

    Ultimate Member
    BANNED!!!
    Aug 14, 2013
    1,645
    Pasadena, MD
    Whoops- I meant to say September 28th, 2013. Not sure why I wrote it that way.

    Anyway, I did it a few days prior to the law taking effect.


    I don't fully understand why you did that. There's no way for the MSP to prove you did or did not do that.

    What am I missing?
     

    Mr H

    Banana'd
    IMO, it's a lot simpler than all that (and note that I do not address 80%, etc. by this).

    The lower (as the serialized part) IS the firearm per the Feds... Therefore, whatever was legal at the time of the legal purchase of the lower, is legal to do.

    The only restriction I can think of would be if the lower was not purchased as "other", then you'd be limited by that.

    I'm happy to be PROVEN wrong, but tossing speculation around only muddies the water.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    IMO, it's a lot simpler than all that (and note that I do not address 80%, etc. by this).

    The lower (as the serialized part) IS the firearm per the Feds... Therefore, whatever was legal at the time of the legal purchase of the lower, is legal to do.

    The only restriction I can think of would be if the lower was not purchased as "other", then you'd be limited by that.

    I'm happy to be PROVEN wrong, but tossing speculation around only muddies the water.

    It's a practicality standpoint that MSP had taken. It is impossible for them to know when the lower went from an O to an X before Oct. 1. This is especially convoluted based on the fact that MSP erroneously required AR lowers and the like to be transferred on 77Rs as Type X Assault Weapons.

    The law states that a person may only possess an Assault Long Gun if you possessed an Assault Long Gun before 10/1/13. The lower isn't an ALG, as you can still buy them. They could have easily come down the other way. The legal basis for this entire Advisory is bunk however.

    All receivers are firearms, not all firearms are Assault Long Guns.
     

    Xshot

    Ultimate Member
    BANNED!!!
    Aug 14, 2013
    1,645
    Pasadena, MD
    Here's a pondering- what if you have the lower pre ban. Made it yourself. Never been used before. Could someone build that in a year or two since they've had it since before the ban, plus made the lower themselves? Who's to know whether it was made in 2010 or 2015?
     
    Feb 28, 2013
    28,953
    Here's a pondering- what if you have the lower pre ban. Made it yourself. Never been used before. Could someone build that in a year or two since they've had it since before the ban, plus made the lower themselves? Who's to know whether it was made in 2010 or 2015?

    Credit card records of online parts purchases would be that type of a giveaway. Whether that alone is enough for a proescution is another question.

    IANAL. I'm just a dumb trucker. :)
     

    Xshot

    Ultimate Member
    BANNED!!!
    Aug 14, 2013
    1,645
    Pasadena, MD
    Credit card records of online parts purchases would be that type of a giveaway. Whether that alone is enough for a proescution is another question.



    IANAL. I'm just a dumb trucker. :)


    I just thought the whole point of everyone rushing to get a lower before 10/2013 was to be able to do whatever they wanted with it.
     
    I just thought the whole point of everyone rushing to get a lower before 10/2013 was to be able to do whatever they wanted with it.

    The 2013 stripped lower "panic buy" was also because stripped lowers were going to be banned from sale too.
    It took quite a few months (post FSA2013) before we officially learned stripped lowers could be sold for HBAR and pistol builds.

    This is why there was the big panic among the Polymer 80 pre-order people. There were multiple delays and it was thought that if none were shipped prior to October, there would be no legal way to build an AR legally.
    http://www.mdshooters.com/showthread.php?t=119040&page=78&highlight=Polymer80
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I don't fully understand why you did that. There's no way for the MSP to prove you did or did not do that.

    What am I missing?

    Some people want to abide by the law and not have to lie about what they did.
     

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