JudgeColt, say it ain't so!

competentone

Judge,

On the Ask the Experts board, under the now locked topic, "Forged or Caste" you commented,

"The complete rifle in pre-ban configuration had to have been in existance on 9-13-94, and has to have remained complete since then in order to be legal now. If the receiver and the forbidden parts are ever separated, the receiver loses its "grandfathered" status."

Does this mean I am now a criminal, in possession of "illegal assault weapons" since I have removed the flash hider, pistol grip and folding stock on my Marlin Camp 9 and Mini-30's and 14's for cleaning and then have reassembled them into their previous "grandfathered" "assault weapon" configuration?

What if I've sent a pre-94 Mini-14/30 back to the Ruger factory as they request with all "(assault weapon) accessories" removed, then receive it back and re-installed them, have I now committed a crime?

I'm seriously asking about where this information about the "loss" of the grandfathered status--if the weapon is dissassembled--is coming from?

On the same thread, nmyers made this comment:

"The questions & answers on pages 145-146 of Federal Firearms Regulations Reference Guide (ATF 5300.4) indicate to me that this particular receiver has lost its "grandfathered" status, and it would be illegal to assemble it to pre-ban configuration."

Are these "pages 145-146" available online? Does somebody have a link? Is this where the "loss" of the grandfathered status ideas are coming from?

This is the first that I've heard about any of the grandfathered "assault weapons" being able to lose their grandfathered status, and really would like more information.

Thanks to any and all who can give some input here.

JudgeColt

Perhaps I should review the other post, but if "disassembled" was used, perhaps it should have been "separated." If a complete rifle with all the "forbidden" parts is disassembled but all the parts remain in one "package" or "together" or "under the control" of a person, the grandfathered status is not lost. Therefore removing some forbidden parts and sending a SAW off for repair does not cause loss of grandfathered status as long as the "forbidden" parts remain under your control and the rifle comes back to the sender.

The problem with the bare or mostly bare lowers is that they do not have enough parts to make them a complete rifle. Therefore, according to the ATF's interpretation of the law, they lost their grandfathered status when separated from the "forbidden" parts and the other parts necessary to make a complete rifle.

Before the other thread was closed, someone asked, if the law is as was being discussed, why are there so many $1000 lowers for sale? The reason is either ignorance, which abounds on this issue (how often do we see someone wanting a "pre-ban, unmodified, non-GB Mini-14 - no such thing), or disregard for the law based on the tiny chance of getting caught. Once a lower in a pre-ban serial range is reassembled into a SAW, it would be difficult to prove it ever left that status, unless the bare lower was purchased on a very public auction site, etc..

All ATF publications are available on the ATF website, but I could not find the song and verse quoted without reading all the regulations, which was too much trouble for a lazy person like me.

If this does not clarify the issue, I would be glad to try again. Others may be able to do a better job than I as well.

competentone

Thanks for the input Judge.

I was worried that some "ATF bureaucrat" might have written rules based upon some "interpretation" of the grandfathered clause trying to make any firearm with the "evil" features effectively illegal.