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Mark C., What If On Some Folding Stock Questions
tr fox
Member Posts: 13,856
Now Mark C., you know I love asking these "what if questions" and even though this irritates you, unfortuently for you (maybe) you love answering questions. (Seriously I appreciate your knowledge and the fact you are willing to take the time to answer and give details).
#1: How does the law apply if I were to put a folding stock on a post-ban rifle but (A) I saw the folding leg off the stock: or (B) pin the folding leg of the stock?
#2: How does the law apply if I just saw the buttstock off a standard wooden rifle stock?
#3: In Jo. Co. Kansas no license, permit or paperwork of any kind is required for handgun/rifle sales between indivduals (who are not FFL holders of course). So say a seller attaches a folding stock to a preban rifle long AFTER the passage and effective date of the so called Clinton's Assualt Weapons Ban. And say this seller sells this gun to me. And say someday I take the rifle with the folding stock (which unknown to me was not in that configueration when the assualt weapons ban went into effect) and an ATFE agent happens to be in the gun store and cares to take the time to ask me if that is a legal assualt weapon. I answer yes and the agent wants proof. Just what kind of situation am I facing now?
When guns were invented everything changed. For the first time in the history of the world a frail woman had a chance to sucessfully defend herself and home. My dream is that one of the anti-gun nuts will need a gun for defense and be unable to have one because of their own actions.
#1: How does the law apply if I were to put a folding stock on a post-ban rifle but (A) I saw the folding leg off the stock: or (B) pin the folding leg of the stock?
#2: How does the law apply if I just saw the buttstock off a standard wooden rifle stock?
#3: In Jo. Co. Kansas no license, permit or paperwork of any kind is required for handgun/rifle sales between indivduals (who are not FFL holders of course). So say a seller attaches a folding stock to a preban rifle long AFTER the passage and effective date of the so called Clinton's Assualt Weapons Ban. And say this seller sells this gun to me. And say someday I take the rifle with the folding stock (which unknown to me was not in that configueration when the assualt weapons ban went into effect) and an ATFE agent happens to be in the gun store and cares to take the time to ask me if that is a legal assualt weapon. I answer yes and the agent wants proof. Just what kind of situation am I facing now?
When guns were invented everything changed. For the first time in the history of the world a frail woman had a chance to sucessfully defend herself and home. My dream is that one of the anti-gun nuts will need a gun for defense and be unable to have one because of their own actions.
Comments
In the last scenario the burden of proof would be on the BATFE to prove that the stock was installed after the ban went into effect-- the agent can't legally demand you show proof since the government has to PROVE in court that the law has been violated. This would be something like a state trooper pulling you over and asking "Mr. Fox, were you speeding"? If you answer NO the officer can't then demand that YOU prove to him that you were compliant with the speed limit, he has to provide proof that you were in violation and back his claim up in court.
If the firearm in question is actually a documented preban it would be VERY difficult to prove when the stock was installed unless the original receipt accompanies the sale showing the configuration when the rifle was shipped and even this would be inconclusive unless the original sales receipt stated "FITTED WITH A FOLDING STOCK". The rifle could have still be legally modified prior to 1994 and be legal. Lots of folks put folders on Ruger Mini 14's and even the now famous Ruger 10-22's before the ban and these were very common accessories often sold through ads in gun magazines. The easiest thing to do if you still feel insecure about the rifles status is to simply have to seller state on the receipt that the rifle is compliant with the 1994 Crime Bill. If he won't or can't do this for you then I'd be suspect of the legality of the rifle and pass on the purchase. If the seller claims the rifle is legal and signs that the rifle is compliant as sold then you have at least a defense that you purchased the rifle in good faith based on the best information that could be obtained at the time of purchase. I hope this helps you.
Mark T. Christian
When guns were invented everything changed. For the first time in the history of the world a frail woman had a chance to sucessfully defend herself and home. My dream is that one of the anti-gun nuts will need a gun for defense and be unable to have one because of their own actions.