Virginia Gun Owners Forum - VGOF

So I am still young enough that while I remember hearing about the Assault Weapon Ban, I was not directly impacted by it since I was too young to buy any firearms anyways. I have been looking at possibly submitting the paperwork to manufacture an SBR and purchase a silencer. I realize that any future AWB can and most likely be different from the one passed in 1994. But for those of you who are versed in the information can you please enlighten me as to how a future AWB could impact NFA items?

I am mainly looking to SBR an AR-15 patterned rifle and find myself a good .30 cal can.

totes6 wrote:I realize that any future AWB can and most likely be different from the one passed in 1994. But for those of you who are versed in the information can you please enlighten me as to how a future AWB could impact NFA items?

paraphrase....

can someone tell me what the text of this new, unwritten law will be?

Uh, no we can't.

So let me rephrase it. How did the AWB of 1994 affect NFA items?

totes6 wrote:So let me rephrase it. How did the AWB of 1994 affect NFA items?

It didn't. It was completely silent on anything NFA.

However ALL rifles, and shotguns, of which SBR's and SBS's are included, were subject to the 10 foreign parts rule. But that wasn't an expiring prevision, and is still the law today.

The AWB DID ban new Assault Weapons that also fell under the NFA. For example an SBR AR15 could only have one 'military feature' (usually a pistol-grip) although the weapon was registered under the NFA. Here is a quote that covers this question (in a rather indirect way) from the FAQ on BATE's web site...

Q: Does the expiration of the SAW ban affect firearms under the National Firearms Act?

http://www.atf.gov/firearms/faq/saws-an ... ration-nfa

All provisions of the National Firearms Act (NFA) relating to registration and transfer of machine guns, short-barreled rifles, weapons made from rifles, short-barreled shotguns, weapons made from shotguns, any other weapons as defined in 26 USC section 5845(e), silencers, and destructive devices still apply. However, it is now lawful to possess NFA firearms that are also semiautomatic assault weapons, as long as all provisions of the NFA are satisfied.

For example, USAS-12 and Striker12/Street-sweeper shotguns are still classified as destructive devices under ATF Rulings 94-1 and 94-2 and must be possessed and transferred in accordance with the NFA.

The old AWB had a grandfather clause which meant that anyone in lawful possession could continue to own it. It only banned new firearms with enough evil features. Thus, any previously registered NFA item was lawful regardless and could keep the evil features. Any real assault weapon (real as in the military's definition) is a machine gun and already required registration under the NFA and no more could be added since 1986. Any SBR/SBS/Etc. was also already registered and thus also lawful to retain the evil features. The only thing that could be affected by the 94' AWB would be new SBR/SBS/Etc. not lawfully possessed before the 94' ban went into affect. For example, registering a new SBR did not suddenly give you permission to ignore the AWB.

Basically, if you owned it before the 94' ban went into affect you were good, if you didn't, then you weren't. The NFA didn't change anything.

No one can tell you what a new ban may or may not do. However, if they don't grandfather existing owners it amounts to confiscation. I suspect they will attempt to register them first (UBC or an official registry like the NFA) before risking confiscation.