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Discussion Starter · #1 ·
I have a legal question that perhaps one of you can answer.

For the sake of argument, say I had some parts that would be 'illigal' for me to install on a particular rife (which I do not own). I do not have a FFL. Could I advertise and sell such parts to another citizen? What about shipping across state lines?
 

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I would say it depends on what the part is. Nice answer, eh?

As far as I know, the only "part" that would be outright illegal to own, regardless of if you install it or not, would be an unregistered drop-in full-auto sear.

Anything else (say, a folding stock), should be fine, even though it might not be legal to install on a particular gun (or legal one place but not another (such as California).
 

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About the only "illegal" part for an M1A would be a flash suppressor with a bayo lug (in KA, any flash suppressor) on a post ban rifle. The flash suppressor is not illegal to own by itself and could be sold without an FFL.

Short of having an unregistered M14 receiver (rewelds are legal), everything else is legal.

[This message has been edited by Cuervo (edited 03-01-2000).]
 

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Hi, Folks,

An important side note:

The BATF lost a case involving a fellow with a T/C pistol and T/C rifle. They said having the pistol barrel and rifle buttstock constituted a Title II "Short Barreled Rifle" and was illegally unregistered. Short barrels are what got Randy Weaver's family shot. However, the court ruled that since legal combinations of the parts could be made, there should not be the supposition that *illegal* combinations *would* be assembled. Good news, one would think.

However, the BATF has said repeatedly that, for example, possession of even *one* M16 part (e.g., an M16 hammer) while also possessing an AR-15 constitutes the making of a machine gun. This they hold even if the M16 part is in a storage building you rent in AZ and you live in ME.

So. Let's say you have a post-ban M1A or M14S with either a (legal) flash supressor or muzzle brake (note the correct spelling; it's "brake," not "break"!!). You also purchase a CMP "M14 Front Sight Assembly" as a paperweight. We don't yet know if a court will uphold the BATF's likely contention that since you have the FS (the CMP's euphemism for "flash suppressor") and the post ban rifle, you prima facie have manufactured a dreaded assault weapon after 13 September 1994! Even tho you never put the M14 FS on your M1A! Go directly to jail, do not pass Go, do not collect $200.

So the general proposition that any citizen may own any firearm part that is *not a firearm* (firearms, are, for example, a rifle receiver, pistol frame, or whatever part of a particular firearm is serialized and controlled per GCA 68) has some "gotchas." Alas, we don't know what they might be in every case; we also don't know what the CA AG, for example, will do to make an example!

However, you may freely buy and sell these parts inter and intra state. Just don't get a three-round-burst M16A2 fire control group and stick it in the butt recess of your AR-15!



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Best regards,

Walt Kuleck
Fulton Armory Webmaster
 

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Discussion Starter · #5 ·
AARRCGGHHH!! It's all too confusing and potentially hazardous to my freedom. I'm tossing this stuff in the trash.

Thanks everyone for your input!
 

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hey wonderpig...send it to me, I'll "dispose" of any "trash" you wish to be rid of!

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gimme back my bullets
 
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