<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Licensees obtaining semiautomatic assault weapons which do not have the restrictive marking should obtain from the seller an invoice, bill of sale, or other documentation indicating that the weapon in its present configuration was lawfully possessed on or before September 13, 1994.[/quote]
With all due respect, DrZox:
A: We are not licensees. If the above statement were law, I could understand licensees wanting proof. However, imagine all of the handguns, rifles, and shotguns that pass from one person to the next through private transactions - Private transactions by private citizens, not licensees. Further, if this statement were law, it would be regulating Federal Firearms Licensees, not private citizens. If there is an offense anywhere, it's in the FFL's court, not ours, because that FFL failed to maintain proper records and sold that SAW to us with the understanding that it was a legit pre-ban.
B: This is from the BATF FAQ, not law. For all we know the phrase, "...should obtain from the seller..." is merely a suggestion. Now if it was worded "...Shall obtain..." or "...Will obtain...", that would indicate that that's how it is to be done, no ifs, ands, or buts about it.
Show me the actual law, and I'll back down. Otherwise, I'll remain nit-picky. After all, it's the little things that can win court cases in big ways.
In my opinion, it's a FUBAR law. It's only enforcible up to a certain point. If the prosecution can call up the manufacturer of a particular lower and determine that it was built after the ban, you're done for. After all, they have just proved that the lower that you illegally built up as a SAW was post-ban.
However, there's not a dadgum thing they can do if the manufacturer tells them that the lower was manufactured and sent out on the market in 1990. There were/are no requirements to keep records pertaining to the actual "building-up" of the rifle.
There are those out there that say "Yeah, but who wants to be the test case???" Hell, I'll do it. I think it's absolutely absurd that they can open a book, look at photos of these "Evil Assault Weapons," and write these asinine, poorly-worded laws that confuse the living hell out of everyone the way this law has done, thus rendoring them too paranoid to enjoy their hobby. So I'll be the friggin' test case if need be.
Now if everyone is insistant on covering their butts from this half-way unenforcible law, the way to do it is to obtain a signed, sworn, notarized statement from the seller stating that the rifle was in SAW configuration before 9/13/94.
Me? I'm happy with my email from Bushmaster stating that mine left the factory as a lower in 1990.