Out of State AW Purchase

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I own a pre-ban rifle.

If I cross the boarder to NH, buy a post-ban rifle can I just put the upper on my pre-ban, leave the newly purchased post-ban as just a lower, and drive home without having any gunsmith ing done?

Or would the dealer not sell the rifle to me because in its current configuration it would not be legal in my state of residence?
 
There's "constructive intent" that becomes a problem here. Having any post ban lower without an upper they may hassle you saying that swapping the uppers gives you a post ban rifle leading to a very expensive court case.

You'd be better off having the lower transferred to you and have them ship am upper to your home address. Then Constructive intent doesn't come into play until the UPS guy gets there. Then you can neuter it as needed.
 
I own a pre-ban rifle.

If I cross the boarder to NH, buy a post-ban rifle can I just put the upper on my pre-ban, leave the newly purchased post-ban as just a lower, and drive home without having any gunsmith ing done?

Or would the dealer not sell the rifle to me because in its current configuration it would not be legal in my state of residence?

A good store should have no problem breaking up the purchase for you. I see no reason why you couldn't buy the upper and stick it on the preban then buy the lower and walk out the door.
 
Okay so I bring a complete rifle.

Post-ban upper on my pre-ban lower
Then I put the upper from the new rifle on the pre-ban lower - rifle 1 is in legal config.
I put the post-ban upper I brought with me on the new lower and swap out to a fixed stock- rifle 2 is in legal config.

Go or no-go?
 
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Okay so I bring a complete rifle.

Post-ban upper on my pre-ban lower
Then I put the upper from the new rifle on the pre-ban lower - rifle 1 is in legal config.
I put the post-ban upper I brought with me on the new lower and swap out to a fixed stock- rifle 2 is in legal config.

Go or no-go?

That will work if you meet this criteria: you must have a female pregnant asian midget with you, and you must have a can of CRISCO, a car battery, and a set of jumper cables.
 
Okay so I bring a complete rifle.

Post-ban upper on my pre-ban lower
Then I put the upper from the new rifle on the pre-ban lower - rifle 1 is in legal config.
I put the post-ban upper I brought with me on the new lower and swap out to a fixed stock- rifle 2 is in legal config.

Go or no-go?

Yes, legal for you to do so post purchase.

The FFL would be in violation of 18 USC 922(b)(3)(A), but if they are willing to effect the transfer, you hold no legal liability.
 
No because he is talking about going with his pre-ban lower, and buying a post ban rifle. Putting the upper of the post ban rifle on his preban lower only solves 1/2 the equation.

He is going to be stuck with the post ban lower. Which, in mot cases will have a collapsible stock which would get him in to trouble were he to be caught by the Shutzstaffel .

You can take the stock right off. I know the whole constructive possession BS but I would think as long as you has a preban lower around it would most likely have a good excuse.
 
Yes, legal for you to do so post purchase.

The FFL would be in violation of 18 USC 922(b)(3)(A), but if they are willing to effect the transfer, you hold no legal liability.

So how does any post-ban rifle ever become compliant with MA laws?
Is the dealer or the buyer always at risk at some point during the transaction?

I know we're nit-picking at this point, but now I'm actually curious.
 
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glide, let me try to clarify...

Okay so I bring a complete rifle (Post-ban upper on my pre-ban lower).

Then I put the upper from the new rifle on the pre-ban lower - rifle 1 is in legal config.

I put the post-ban upper I brought with me on the new lower and swap out to a fixed stock- rifle 2 is in legal config.

Go or no-go?

It is illegal for the NH FFL to transfer a rifle to you that is not legal in your State of residence (in this case, a post-ban AW).

However, the FFL assumes all legal liability. The violation of law is the act of them transferring it to you. You are not in violation of Federal law by receiving or possessing it (providing you don't bring it into MA in post-ban AW configuration, which would obviously be a violation of MA law).

In the event they do transfer it to you, than what you propose above is perfectly legal for you to do. Both rifles would then be in compliance with MA law, and providing you submit a FA-10 within seven days of the new rifle entering MA, you are GTG.

So how does any post-ban rifle ever become compliant with MA laws?

By the FFL bringing it into compliance prior to transfer.

Is the dealer or the buyer always at risk at some point during the transaction?

No. MA FFLs are exempt from the possession portion of the AWB.

according to some, it doesn't.

True, but I don't subscribe to Glidden's theory.
 
Just buy an upper with pre-ban goodies and have it shipped to your door. If you can find one.

-tapatalk and Devin McCourty blow chunks-
 
There's "constructive intent" that becomes a problem here. Having any post ban lower without an upper they may hassle you saying that swapping the uppers gives you a post ban rifle leading to a very expensive court case.

You'd be better off having the lower transferred to you and have them ship am upper to your home address. Then Constructive intent doesn't come into play until the UPS guy gets there. Then you can neuter it as needed.

Typically constructive intent only applies if there is no legal reason for possession of the items in question. For example, you can't possess M-16 fire control parts if all you own is an AR-15, as there's no "legitimate" reason for having them. But if you own an M-16 legally, you can have as many ARs and spare parts (within reason) as you want, even though you could in theory use them in the AR.

Doesn't mean that they can't hassle you, just that you should be able to win.
 
I own a pre-ban rifle.

If I cross the boarder to NH, buy a post-ban rifle can I just put the upper on my pre-ban, leave the newly purchased post-ban as just a lower, and drive home without having any gunsmith ing done?

Or would the dealer not sell the rifle to me because in its current configuration it would not be legal in my state of residence?

The dealer most likely would not sell you a non-compliant rifle and risk his FFL. Also, the other stuff people said.
 
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