Questions on AR15 AWB law

**sleepingAwake** · 11-10-2011, 12:12 PM

Hello

I tried searching this forum and others and seem to be getting mixed answers.
From what I've gathered reading build threads what I'm about to ask does indeed happen and some people talk openly about it.

I've purchased a brand new post-ban stripped lower receiver and it will be in my possession here in CT shortly.

I would like to purchase a complete upper that has a bayonet lug and threaded barrel w/muzzle brake and have it shipped to my parents house in RI. I may also have a collapsible stock delivered to RI as well.

Once the upper and stock arrives in RI I will grind off the bayonet lug, silver solder the muzzle break and pin the stock to make it CT legal and then transport these items back to my home in CT and mate them with the lower receiver.

Would this be "legal"?
Yes I realize internet advice isn't the word of the law but it seems as though what I'm proposing is done quite often.
It wouldn't be a straw-man purchase as my name will be on everything and until the parts are legal in CT they would never be within 40 miles of each other.

**CTsupra** · 11-10-2011, 08:42 PM

Technically, yes, if you have certain parts that can be put together to make an "assault weapon" in your possession you can be arrested for it if somebody cried foul on you. You can have all of those items you mentioned mailed to you in CT and either immediately bring those items to an FFL that can do the "legalizing" for you, or you can do it yourself like you mentioned. For your post-ban lower just make sure the upper you put on it is 16 inches in length, or longer.

**sleepingAwake** · 11-10-2011, 08:55 PM

Thanks for the reply.

I will definitely be purchasing an upper that is >16 inches in length.

As far as the parts being in my possession while I may own them they wont be within 45 mins driving time until they are all legal to assemble.
I thought that was the part that mattered... their accessibility to be made into an Assault weapon??

**CTsupra** · 11-11-2011, 04:00 PM

Originally Posted by sleepingAwake

Thanks for the reply.

I will definitely be purchasing an upper that is >16 inches in length.

As far as the parts being in my possession while I may own them they wont be within 45 mins driving time until they are all legal to assemble.
I thought that was the part that mattered... their accessibility to be made into an Assault weapon??

Yes, you are correct. Its up to you if you want to keep them accessible, or not. There is no law prohibiting those "illegal items" being directly mailed to you in CT, but yes, having them accessible to be made into a complete weapon, is illegal per the AWB. Unless you have good reason to believe you're going to be raided anytime soon, or know of anyone who would dime you out at first glance of these items just get the proper legalizing of the upper done in a timely manner.

**sleepingAwake** · 11-11-2011, 05:22 PM

Sounds like I just should have ordered the upper first.
Then once compliant order the lower... oh well.

I thought it might have raised a red flag or something if I had an upper with evil features shipped to my house. Must have been my paranoia kicking in.

Makes sense though. I could have a pre-ban lower sitting in a closet and finally decided to build it up.

**wrongcaptcha** · 11-14-2011, 05:11 PM

I had one shipped to mine, the police haven't come yet!

Mine was going on a preban though, maybe they knew. Some shops online wont ship non-compliant versions to the state of CT though, beware of that if you decide to ship local.

**dcmdon** · 11-17-2011, 12:53 AM

Originally Posted by CTsupra

Technically, yes, if you have certain parts that can be put together to make an "assault weapon" in your possession you can be arrested for it if somebody cried foul on you. You can have all of those items you mentioned mailed to you in CT and either immediately bring those items to an FFL that can do the "legalizing" for you, or you can do it yourself like you mentioned. For your post-ban lower just make sure the upper you put on it is 16 inches in length, or longer.

The BBL length has nothing to do with pre or post ban.

**dcmdon** · 11-17-2011, 12:57 AM

Originally Posted by sleepingAwake

Thanks for the reply.

I will definitely be purchasing an upper that is >16 inches in length.

As far as the parts being in my possession while I may own them they wont be within 45 mins driving time until they are all legal to assemble.
I thought that was the part that mattered... their accessibility to be made into an Assault weapon??

Sleepingawake - you are worrying more than you need to. Ship the stuff to your parents. Do the work. Bring them back to CT in their post ban form.
You are done.

The legal concept you are referring to is called constructive intent. I don't know of any person ever being prosecuted in CT under this legal interpretation.
One could make the argument that a stripped lower and a fully featured upper could not be "readily" made into a functional firearm. This language was written into the law to prevent people from keeping
a fully functional lower right next to a fully functional upper with nothing but 2 push pins between the "parts" and a functional firearm.

Hope this helps,

Don

**dcmdon** · 11-17-2011, 01:00 AM

Originally Posted by sleepingAwake

Sounds like I just should have ordered the upper first.
Then once compliant order the lower... oh well.
I thought it might have raised a red flag or something if I had an upper with evil features shipped to my house. Must have been my paranoia kicking in. Makes sense though. I could have a pre-ban lower sitting in a closet and finally decided to build it up.

Paranoia. But better safe than sorry until you learn the laws. Remember, that the upper is COMPLETELY unregulated. Nobody knows you have it. They are not serial numbered. Its just a gun part, no more than a set of grips is a gun part.
By extension, there are no red flags to be raised. NOBODY CARES what uppers you have purchased. Cigarettes are more regulated than an AR15 upper.

To put a finer point on it, if WalMart sold AR uppers, they could legally sell it to you without ID or any proof of age. A 10 year old Felon can legally buy an AR machine gun upper.

Don

**dcmdon** · 11-17-2011, 01:02 AM

Originally Posted by wrongcaptcha

I had one shipped to mine, the police haven't come yet!
Mine was going on a preban though, maybe they knew. Some shops online wont ship non-compliant versions to the state of CT though, beware of that if you decide to ship local.

This is incorrect. I have never encountered a vendor that would not ship a pre-ban style upper to CT.
If you think I'm wrong, please provide a link. Any upper can LEGALLY be shipped to CT.

They won't ship pre-ban style rifles to CT. But uppers can come and go freely. As they should.
There are a lot of us who own machine guns and pre-ban guns that aren't subjected to the terms of the AWB.

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