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Discussion Starter · #1 ·
I'm sure this question has been answered somewhere, but I can't find it with a few searches. If I wanted to buy a parts kit, with no receiver or magazines, for a legal rifle I own (not a pre-ban), but the parts kit contains a threaded barrel and bayonet/lug...is it legal to possess? I want to keep this for spare parts and have no intention of actually installing the banned parts on my rifle. Seems like it should be fine, but what do you think?
 

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No such thing as banned parts. (Besides magazines obviously.) The only thing that is illegal is a post ban semi-auto firearm with enough evil features.
 

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I've been going to buy an A2flash hider to turn into a keychain. Want to carry a little evil along with me in my pocket. Also, I'd be happy to sell one of the bayonet lugs I've cut off. Weld em' back on! Cheap!
 

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Better include a silencer (or the parts for one) in your thinking, also an auto sear comes to mind so yes, there are banned parts.
Not for the AWB. I mean, nuclear bombs and hand grenades are illegal too. I'm talking about the AWB (and LCAFD ban) for NY obviously. ;)
 

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You can own an auto sear as long as it's not in the rifle.
I think that gets a little shady. Some ATF nonsense about "constructive possession" I think. The AWB for NY does not have such provision.
 

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You can own a sear or an AR rifle. You can't posess both at the same time. Same with SBR uppers. Fine to posess , long as you own no AR lowers. Each individually is fine, any in combination is a no no
This does not apply to the NYS AWB however, not to confuse the OP. ;)
 

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You can own a sear or an AR rifle. You can't posess both at the same time. Same with SBR uppers. Fine to posess , long as you own no AR lowers. Each individually is fine, any in combination is a no no
"AR" or full auto lower? Without the additional milling and drilling on an AR lower, how could the full auto sear/selector even go into an AR lower and function? And that modified lower would be extremely illegal. It seems to me that it.s no different then having any upper as you could machine down the barrel length to make a SBR. Without that machining being done you could not create that SBR and you could not create a full auto AR.
 

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You can't have ANY AR lower while you are in possession of an SBR type upper or DIAS sear, etc.

Also any AR lower or AK receiver that has been modified to fit FA parts into (whether holes are present or were welded up and cleaned up does not matter), is illegal.
 

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Sure you can. Registered pistol lower.

:)

As far as the short upper is concerned.
 

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Discussion Starter · #14 ·
This does not apply to the NYS AWB however, not to confuse the OP. ;)
Ha, I've been known to confuse easily. :) Thanks for all the good info, guys. Yeah, the NY AWB was my concern, but the other stuff is real interesting, too. And, In addition to the knowledge, it's the laughs I get here that keep me coming back!
 

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You can't have ANY AR lower while you are in possession of an SBR type upper or DIAS sear, etc.

Also any AR lower or AK receiver that has been modified to fit FA parts into (whether holes are present or were welded up and cleaned up does not matter), is illegal.
Please read United States v. Thompson-Center Arms Company. In a nutshell it ruled that just because you have a short barrel in your possession does not make your assembled legal rifle a SBR by constructive possession. I am not saying that the ATF is not going to bust your balls over this, just that there is a SC ruling on our side.

A DIAS is considered a machine gun with or without the accompanying weapon. Possession of an unregistered DIAS is the same as possession of a unregistered MG

Welded up sear holes are not necessarily illegal. If a weapon has the offending holes or they were patched (PSLs from a few years ago) then yes its illegal. ATF's tag line is "Once a machine gun always a machine gun". but this is not always true. If the machine gun has been "demilled" to ATF specs then its no longer a MG its scrap metal. A welded receiver can be legally constructed from the scraps and the holes and other features are filled/removed as long as it is done before the receiver is able to chamber and fire a cartridge.
 

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Please read United States v. Thompson-Center Arms Company. In a nutshell it ruled that just because you have a short barrel in your possession does not make your assembled legal rifle a SBR by constructive possession. I am not saying that the ATF is not going to bust your balls over this, just that there is a SC ruling on our side.

A DIAS is considered a machine gun with or without the accompanying weapon. Possession of an unregistered DIAS is the same as possession of a unregistered MG

Welded up sear holes are not necessarily illegal. If a weapon has the offending holes or they were patched (PSLs from a few years ago) then yes its illegal. ATF's tag line is "Once a machine gun always a machine gun". but this is not always true. If the machine gun has been "demilled" to ATF specs then its no longer a MG its scrap metal. A welded receiver can be legally constructed from the scraps and the holes and other features are filled/removed as long as it is done before the receiver is able to chamber and fire a cartridge.
comparing a PSL receiver that has welded over holes to a demilled receiver thats far beyond repair (normally 2-3 cuts with a section entirely removed), are apples to oranges. Its comparing a modified receiver to a demilled one.

Also I wouldnt want to dabble and rely on a single court case in possessing a SBR type upper with a compatible AR lower at the same time.
Thats really playing it a bit too dangerously, not something I would recommend to anyone.
 
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