The 2009 AWB, planning ahead?

[PA Rifleman]

Originally Posted by ChamberedRound

...Making it retroactive would mean government confiscation of privately owned property (the guns themselves) without probable cause,....

I haven't heard any instances of door-to-door firearms sweeps outside of New Orleans/Katrina. From this, they need a major event to toss the rulebook out the window which would precede a gun grab.

There is one large legal precedent in our favor called "ex post facto". In our context, it means if you have the gun before the ban, you may continue possessing it.

Ex post facto

Latin for "from a thing done afterward." Ex post facto is most typically used to refer to a law that applies retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the US Constitution prohibit ex post facto laws: Art 1, § 9 (http://www.law.cornell.edu/constitut....html#section9) and Art. 1 § 10 (http://www.law.cornell.edu/constitut...html#section10). see, e.g. Collins v. Youngblood, 497 US 37 (1990) and California Dep't of Corrections v. Morales, 514 US 499 (1995).

Source: http://www.law.cornell.edu/wex/index.php/Ex_post_facto

[widearea]

I am sure many out there are buying AKs and ARs or stripped lowers in anticipation of the Osama presidency. I have done this myself and it got me to thinking...I am above board in all my purchases (I live in PA and purchase through an FFL)...My question basically is...are all my stripped lowers registered with the atf now..If they pass an awb and don't grandfather anything and osama says...turn in your rifles...will they know exactly what I have?

[ChamberedRound]

Originally Posted by widearea

I am sure many out there are buying AKs and ARs or stripped lowers in anticipation of the Osama presidency. I have done this myself and it got me to thinking...I am above board in all my purchases (I live in PA and purchase through an FFL)...My question basically is...are all my stripped lowers registered with the atf now..If they pass an awb and don't grandfather anything and osama says...turn in your rifles...will they know exactly what I have?

This is my understanding, take it FWIW:

IMHO only items within NFA/GCA purview (suppressors, machine guns, SBRs, etc.) are registered with the BATFE. Additionally, in PA only handgun purchases are tracked with the "sales database", i.e. the illegal handgun registry. For long gun purchases (I believe this would include a rifle receiver), while a PICS check is performed, no information about said long gun is recorded. So it's theoretically possible that the government isn't aware of any long guns a PA resident may own.

However, if a person became of "interest" to the government, the government could possibly cross-reference any PICS/NICS checks to the FFL(s) which ran the checks. If the FFL(s) decided to "cooperate" with a government agency, they could furnish sales receipts and the like which may provide the government with information about any guns one may own.

In the end, the only situation which leaves the government with little option for gathering information about a PA resident's firearm purchases is a face-to-face transaction of a long gun. But remember, this can only be done with long guns between two PA residents; handguns MUST be transferred via an FFL, and ANY sale between a PA and non-PA resident must also be done via an FFL.

Again, take it FWIW, and I encourage anyone to correct any misunderstanding of mine if I'm not accurate.

[Dredly]

I wouldn't mind picking up a receiver or two for some AR builds down the road... anyone know if any group buys are being planned?

[RONNIE77]

I have a few AR stripped lowers for future builds.
I know that you can buy complete uppers without any registering and it can be sent right to your door in the mail.

But do you think that they will try to eliminate uppers too, to prevent future builds? But that also would mean, no replacement parts for existing rifles. So you wouldn't be able to fix your shit, it something happens to it.
Same goes for lower parts kits.

[RONNIE77]

And further more, how can the government say that everyone who owns high capacity round, semi auto sporting rifles has to turn them in....Bullshit, no friggin way.
Am I getting money from the government for my firearms that I paid for?
Am I to be forced to sell them? And to who, a dealer for cheap?

I can see them being able to eliminate the civilian purchase new firearms, but not the confiscation or surrendering of legally owned existing civilian firearms.
There would be a whole lot of angry American gun owners, and I don't think they can handle that shit storm.

Constitutional Right.........Hmmmm, what are they going to just erase that one?

[ChamberedRound]

Originally Posted by RONNIE77

I have a few AR stripped lowers for future builds.
I know that you can buy complete uppers without any registering and it can be sent right to your door in the mail.

But do you think that they will try to eliminate uppers too, to prevent future builds? But that also would mean, no replacement parts for existing rifles. So you wouldn't be able to fix your shit, it something happens to it.
Same goes for lower parts kits.

You're correct, currently AR uppers are not considered the "weapon", the lower is what's serialized and considered the "weapon". This is why uppers can be mail ordered and shipped direct.

Congress could try and legislate similar restrictions on uppers or parts. Hell they can TRY to legislate just about anything, whether or not it gets passed or not is a whole other story.

[Guns4Fun]

It is almost impossible to speculate how far any new ban will go. I’d say stock up as much as you can and be very vigilant with any new proposed gun laws.

[RocketFoot]

Do you guys think the McCain/Palin ticket may help prevent another AWB or is another AWB our certain fate no matter what happens in November?

[adymond]

I think if McCain/Palin come out on top we will be relatively safe in regard to our firearms. The Dems would commit suicide if they loose and then push one of the major platforms of the left through only to be vetoed.