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No it would need to have been a complete rifle made before 9/94. The stripped lower receivers were sold also and are not considered a preban. Whats the manufacturer?
While technically that was the ATFs story and position for the Federal Ban, there is nothing that I know of in the NYS ban that says they must have been complete rifles prior to the ban date. It is a meaningless argument today anyway, since there is no way to prove the receiver was not built into a rifle prior to the ban.
 

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No it would need to have been a complete rifle made before 9/94. The stripped lower receivers were sold also and are not considered a preban. Whats the manufacturer?
Horribly wrong info. You can buy a virgin untransferred preban lower and assemble it into an evil AR pistol even if you want to.
 

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Federal Ban- Had to be a rifle before the ban.

NY AWB- Just had to exist before the ban.
 

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Discussion Starter · #9 ·
its a complete rifle from a private seller, i worded it the way i did in the first post because there is no way to tell if it was a complete rifle before that date. i knew the ban was in 94 but didnt know the date. thanks for all the info :)
 

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The "complete rifle" thing is a relic left over from BATFE's retrospective interpretation of the 1994 Federal ban.

It does not apply to the NY AWB.

First off, the Federal AWB did not ever specify conditions of preban-ness based on the assembled status of the receiver. It is not in the text of the bill. BATF (no "E" back then) went back and interpreted the law this way, but AFAIK, it was never tried or upheld in court.

Second, BATFE's opinion has no bearing on the NY AWB because BATFE does not enforce the NY AWB. BATFE is a federal agency and the NYAWB is a state law.

If such a ruling were to be passed down in terms of assembly or not, it would have to come from the NY attorney general's office, or some branch of NYSP that was analagous to BATFE's Firearms Technology Branch.

Even if a receiver were to leave the factory unassembled on a 4/29/94, that still leaves five months for the individual who bought it to assemble it and strip it, rinse and repeat. The law states the receiver had to exist before 9/13/1994, it does not make any determination based on what condition the receiver was in when it left the factory.
 
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