NFA process under AWB

[Dobber]

Hi All,
Admittedly I wasn't around or legal-to-own during the Clinton-era Assault Weapons Ban. How were NFA-regulated items handled during that time? I've done some basic google searches but didn't come up with anything quality. I'm not looking for hypotheticals in our current political climate, I'm just wondering how these taxed weapons were handled during the last ban.

-Dobber

 

[IndyDave1776]

I don't recall there being any change whatsoever with NFA weapons.

 

[ryknoll3]

The process wasn't any different during the AWB. However, the newly created NFA firearms (with the exception of machine guns) still had to comply with the ban. A short barrel rifle is still a rifle so a semi-automatic rifle that could accept a detachable magazine could not have more than one banned feature whether the barrel was 7" or 24". Machine guns are not rifles, so they weren't affected (though it was already illegal to make new ones for civvie use).

If there was a new AWB, any new SBR's or SBS's would have to be in compliance because they are still rifles and shotguns under the GCA, and thus subject to the AWB.

Hypothetically, this would make some trouble for the suppressor market, because a strict AWB (like CA's) would prohibit threaded barrels on pistols so any pistol suppressor would have to have some sort of permanently attached adapter.

 

[Polley Tech LLC]

In 1994 sec 922v stated no matter how many US parts you had you couldn't make a new assault rifle based upon cosmetic items like flash hiders and bayonet lugs. NFA registered Short Barrel Rifles were included in the Clinton ban. So a SBR AR15 couldn't have a flash hider or bayo lug etc. even if all the parts were made in this country.

AOW and Machineguns were exempt from both the Bush Import/Assembly ban and the Clinton Domestic manufacture ban in 94 (which has since expired) as both of these pieces of legislation deal with semi-automatic Rifles, Pistols, and Shotguns (Sec 922r only dealt with Rifles and Shotguns) of which a machinegun or an AOW are both exempt because machineguns and AOWs are not rifles, pistols, or shotguns.

 

[pjcalla]

I am planning on going the SBR route soon, and I am wondering, during the 1994 ban, if you had submitted your form and tax money before the ban took effect, but hadn't been approved, what happened? Did they get denied? Approved with a condition that the rifle be made "legal"?

I guess, what I'm asking is if I were to move the sbr up on my priority list, and submit my money and form, then a ban takes place (God forbid), what is likely to happen? I know it's hard to say, since a ban hasn't been passed and the wording isn't known, but based on previous bans, what is likely to happen?

 

[JollyMon]

I am planning on going the SBR route soon, and I am wondering, during the 1994 ban, if you had submitted your form and tax money before the ban took effect, but hadn't been approved, what happened? Did they get denied? Approved with a condition that the rifle be made "legal"?

I too am wondering this question. Since I have submitted my form over a month ago for a AR SBR, I am wondering what would happen if we followed the same path as the 1994 ban.

 

[remauto1187]

I am planning on going the SBR route soon, and I am wondering, during the 1994 ban, if you had submitted your form and tax money before the ban took effect, but hadn't been approved, what happened? Did they get denied? Approved with a condition that the rifle be made "legal"?

I guess, what I'm asking is if I were to move the sbr up on my priority list, and submit my money and form, then a ban takes place (God forbid), what is likely to happen? I know it's hard to say, since a ban hasn't been passed and the wording isn't known, but based on previous bans, what is likely to happen?

You arent worrying just a little, are you?

 

[pjcalla]

You arent worrying just a little, are you?

Thanks for your informative post.

 

[MattCFII]

Here's my question that isn't 100% clear to me. Under the '94 AWB when a pre-ban AW was then SBRed, did you have to ban comply it since new registered SBR can be viewed somewhat as new rifle since a Form 1 is "manufacturing" a weapon?

Of course, this is all speculation with all the stuff going on (lack of any grandfathering in Feinstien's bill etc.), but it might make me more prone to make a SBR now as well if I might have to neuter/not even get to SBR it later.

Overall the key still is we need to fight it now and not let it come to that!!! But with the whole timeframe process I might start the SBR paperwork now.

 

[Yes]

Jeez, what a depressing thread.

Change.org now has a petition for an AWB to be written into law. Not that a petition can really affect anything, but still troubling nonetheless.

I was not living in a place where I could own guns (or was too young) during the clinton ban, and I am now wondering what will happen to my pistol-caliber carbine. I hope I don't have to register it or some BS.

 

[Faine]

well

I wasn't there either and I am in the process of filing my ppwk for an SBR, like you. I do believe, that when they "banned" the AR platform it wasn't a ban on the platform itself, it was a ban on some functional but mostly cosmetic items. Items you could not buy anymore legally. From what I understood, if you already had those items you were ok to apply them to your weapon because it was "grandfathered" in. If you are already in posession of your lower and have it engraved, I would assume you would get receipts to prove when these steps took place. This should be sufficient to prove the registered part and therefor the rifle itself was in your posession prior to the ban.

Now for the SBR question...I have no clue. You cannot assemble legally until your stamp is back BUT that only applies to the barrel from what I understand, you can have all your other furniture attached and ready to go, even have an upper that's not NFA regulated on it, so I don't see how they'd make it stand up if you had all the parts pre-ban and had it all assembled except the barrel pre-ban when the ATF defines the weapon as the lower receiver which you've had and engraved.... Just my thoughts... I'm curious if anyone can recall what happened as well.

 

[sicegcivic]

I too am curious. My forms went pending in October, and I am assuming due to the holidays/chaos it won't be till Apr or later before they return to me?!

 

[bmbutch]

Similar situation:
SBR paperwork mailed out in July.

LGS sent theirs in for Kestrel 9mm suppressor Nov 7th
If/when they get approved:
1) Should I move forward with purchase & pray it gets approved
2) Hold off until we know more

Basically hate to fork over $$$ for suppressor & $200 for tax stamp to only be out total $$$ spent.

Any thought?