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First build and AWB concerns

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Nov 26, 2005
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I am fianaly building my first AR. unfortunately, I live in massachusetts and still have to deal with the assault weapons ban.
The upper that I am getting has a threaded on flash hider and bayo lug. I was thinking that I could replace the flash hider with a DPMS compensator and tack weld a bar to it that will go over the bayo lug. This way, if I have any problems and have to send the barrel back for warranty, I can just cut the weld at the compensator and reinstall the original flash hider.

Does anyone know of any other options to comply with the AWB without doing non reversable changes to the barrel?
 
I would think that the bayo lug would have to come off... The rules are pretty clear as to what parts are considered to make up an assault weapon.

1.a detachable magazine (of any capacity) and having more than one of the following features.
2. a folding or telescoping stock
3. a pistol grip that protrudes conspicuously beneath the action of the weapon
4. a bayonet mount
5. a flash suppressor or a threaded barrel designed to accommodate a flash suppressor
6. a grenade launcher

As to the threaded barrel, there are only 3 acceptable ways to work around that.

1. Welding
2. Silver solder with a melting point over 1100 degrees F
3. Blind pinning. To do this, you must pin the muzzle device in place with a pin that is driven down below the surface of the metal, and the hole for the pin filled in with weld.

If you are getting the upper from a manufacture/dealer you should give them a call. They know and understand the law, and most are sympathetic for us poor saps in states that still have a ban in effect, and may have an upper that will be legal.

Adam
 
I hate to complicate the whole AWB issue more, but.....

The 3 methods of securing a 'muzzle control device', weld, pin, 1100+ solder - are they listed in the AWB language, or were they determinations from the BATFE tech branch?

If they were interpretations from the BATFE, would they still apply in MA now that the Federal ban has lapsed?

My concern is that if someone (like, for instance, me [shocked] ) were ever charged with an AWB violation, would the MA courts accept the Federal guidelines, or would they be free to make up their own rules.
 
I hate to complicate the whole AWB issue more, but.....

The 3 methods of securing a 'muzzle control device', weld, pin, 1100+ solder - are they listed in the AWB language, or were they determinations from the BATFE tech branch?


BATF ruling


I haven't seen or read any specific BATF ruling regarding the "blind pin" method, but at least one major AR-15 manufacturer had been using this method during the 94 AWB without any legal problems, and the method has been posted innumerable times on other firearm related forums for years without any dispute.

If they were interpretations from the BATFE, would they still apply in MA now that the Federal ban has lapsed?

My concern is that if someone (like, for instance, me [shocked] ) were ever charged with an AWB violation, would the MA courts accept the Federal guidelines, or would they be free to make up their own rules.

The jury is out on that one. I don't know if the MA State Police has the resources or expertise to make a determination if indeed a muzzle device is permanently attached. I wouldn't be surprised if they consulted the ATF Tech Branch for a determination.

A prosecutor could conceivably make up the rules, but seeing how EBRs with permanently attached muzzle brakes have been sold in this state for the past 13 years with no fuss, it might be difficult convincing a judge or jury that a defendant had run afoul of the law. It also seems deceptive and dishonest
to rely on the old fed ban for the definition of an "assault weapon", but then turn around and say they disagree with the federal agency that was responsible for enforcing and interpreting the law.

Then again... IANAL and this is MA.
 
I am fianaly building my first AR. unfortunately, I live in massachusetts and still have to deal with the assault weapons ban.
The upper that I am getting has a threaded on flash hider and bayo lug. I was thinking that I could replace the flash hider with a DPMS compensator and tack weld a bar to it that will go over the bayo lug. This way, if I have any problems and have to send the barrel back for warranty, I can just cut the weld at the compensator and reinstall the original flash hider.

Does anyone know of any other options to comply with the AWB without doing non reversable changes to the barrel?

Build your own upper, its easy. Choose a barrel with a built in compensator and a gas block with a rail that will accept a front sight and fit it to the upper reciever of yor choice. The only added expense would be a wrench for the barrel nut. I have built two ARs in this manner, both group just over two inches at 300 yds.
 
I am fianaly building my first AR. unfortunately, I live in massachusetts and still have to deal with the assault weapons ban.
The upper that I am getting has a threaded on flash hider and bayo lug. I was thinking that I could replace the flash hider with a DPMS compensator and tack weld a bar to it that will go over the bayo lug. This way, if I have any problems and have to send the barrel back for warranty, I can just cut the weld at the compensator and reinstall the original flash hider.

Does anyone know of any other options to comply with the AWB without doing non reversable changes to the barrel?

Yes, buy a preban lower and stop worrying about it. [grin]

If you're not going to get a preban, then buy a "ban compliant" upper
instead. You can either build your own or buy neutered uppers from
the companies that still sell them.


-Mike
 
Frizz,
If you gets stuck with an upper you can't use, let me know.
I might be in the market for one.
Gary
 
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