As many people will remember from the last “Assault Weapons” Ban (AWB) [in the US, which was effective from September, 1994 to September, 2004] there was a time window before the law took effect. Once it took effect, however, pre-ban purchased receivers could not legally be built into “assault weapons” unless they were in AW “format” before the ban took effect. So what does one do to get around this? It’s a rather silly technicality, but so are a lot of other legal issues. In this case, your stockpiled receivers need to be in AW “format” before any ban takes place. If you can’t afford to buy full kits for every receiver, you have to find other ways to meet the letter of the law. Remember that while you are innocent until proven guilty, government agencies often play by different rules, and of course, legal fees are expensive if you have to prove your innocence.
In the case of AR-15s or other firearms with sectional receivers, this means you need one complete upper with all the allowable evil features–bayonet lug, threaded muzzle or flash suppressor. Install a proper trigger kit into each receiver, and then attach the upper to it. Document this with photographs. You want one photo that clearly shows the serial number and one that clearly shows the attached “Evil features” on that receiver. (This also applies if you have already built a weapon from a stripped receiver and need to document that it was done before the cutoff date.)
It is acceptable to use digital photos for this purpose, but do not edit them in any way–experts can tell, and any edits call into question the credibility of the entire photo. Ideally, have the photos or the actual shoot witnessed by a lawyer or notary, although friends you can trust to step up and testify on your behalf will suffice. You need to “place” the photos, which means to add matter that documents the time and location of the shot. Set the camera clock for a proper timestamp and date on the photos. Consider adding a [dated] newspaper banner under the weapon and/or using a notable background such as your house or vehicle (if you can shoot outside) to add additional placement. To increase the continuity between the close-up and the overall photos should they ever come to court, place items in the setting that are obvious placers–a few long matchsticks resting on the weapon, or a trail of string over it, that would be hard to replace exactly for a different photo. Do not move or disturb the object(s) between the two shots. Print hard copies and archive CDs on your premises and at least one place off premise–a trusted friend or relative, with a lawyer or in a secure box under a different name that cannot be seized–since dishonest law enforcement have been known to do that to prevent any evidence for the defense.
Once you’ve created and documented your AWs, you can defer buying other upper receivers/features until your budget permits. You did create that receiver into [a complete] AW format [rifle] before the ban. Therefore, by the letter of the law, it [demonstrably] is always an AW. (This assumes that future bans are similar in construct to prior bans at state and federal level). If your local culture is gun friendly, be seen at ranges and gun shows with your legal AWs often. If any legal question arises, you want lots of local citizens, range officials and law enforcement who will testify that of course Joe Preparedness has AWs. He’s had them for years, all legal, long before that ban took effect.
The photos are also useful if you decide to sell an AW at some point in the future–you can clearly document that it was in fact [built as] an AW before the cutoff date. They can also serve for insurance purposes. – Michael Z. Williamson [with additional input from his wife Gail Sanders, She is an honor grad of the Defense Information School, and a combat, forensics, and public affairs photographer.]
JWR Adds: I’m not a fatalist when it comes to re-enactment of an AWB. By all means contact your representatives numerous times, by multiple methods (mail, phone, and e-mail) and express most vociferously, your estimation of the Constitutionality of a new ban, especially in light of the recent D.C. v. Heller Supreme Court decision. With that said, I must also state that I am a realist: We all saw what happened last year when the congresscritters were deluged with phone calls, running by some estimates at a ratio of 25-to-1 opposed to the TARP Bank Bailout Bill, yet the majority of our so-called representatives still voted for it. This demonstrates that the congress is now no longer responsive to the electorate. So I can only conclude that given political expediency and the nature of quid pro quo dealings inside the DC Beltway, there will be more “Change” made than the American people want. There is a very high likelihood that some flavor of “Assault Weapon” and full capacity magazine ban will be enacted during the first three month “honeymoon” period that will be enjoyed by the BHO Administration and the Democrat-dominated congress. There may also be a separate importation ban, via an executive order, perhaps in first two weeks that BHO is in office.(One BHO camp insider told me that he’d heard talk of “more than a dozen January Surprise executive orders”.)
My advice: Take the appropriate countermeasures: Stock up, especially on magazines, and “cover your tail in paper” using the method that Mike Williamson suggests. Someday soon, you may be very glad that you did.
