Author Topic: 1994 Weapon ban question  (Read 313 times)

TinCuda

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1994 Weapon ban question
« on: December 18, 2017, 08:56:47 PM »
Live in Texas.

If you have a lower receiver that was made and purchased during the Public Safety and Recreational Firearms Use Protection Act, also known as the 1994 Federal Assault Weapons Ban, do you still have to follow it?  I realize that the law expired in 2004 and was not renewed.  If your firearm was subject to the law from 1994 to 2004, is it still subject to it now?  Could a person legally install previously banned features on that firearm now?  Could someone point me to documentation for, against, or otherwise?

I have asked in other places and have gotten mixed answers.  Some folks that I asked said if it was manufactured during the ban, it would always be subject to the ban.  Other folks claim that since the ban expired, even if it was manufactured during the ban, it no longer applies.  What it the actual legal answer?

Thanks.

TexasLawShield

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Re: 1994 Weapon ban question
« Reply #1 on: January 02, 2018, 04:31:08 PM »
TinCuda,

The 1994 Act no longer restricts manufacture of firearms. If you have a lower receiver purchased or manufactured between 1994 and 2004, the Act no longer restricts your ability to modify the firearm. The ATF sent an open letter dated September 13, 2004 stating simply: “There is no longer a Federal prohibition on the manufacture, transfer and possession of SAWs.”

If you have a lower receiver and you combine it with an upper, then you are manufacturing a firearm. Modification, such as adding a stock or other accessories, is treated the same as manufacture. You can now add the features, such as a telescoping stock, that would have otherwise made the lower a SAW under the old law. When dealing with a lower you must be careful not to put an otherwise regulated attachment on the firearm such as a silencer or a barrel less than 16 inches. But generally, things like pistol grips, telescoping stocks, optics, etc. are allowed.

If you would like more information or guidance on the subject, a good source is the ATF website. They publish a firearms reference guide that normally answers many questions you might have. They also have an FAQs section that is helpful.

https://www.atf.gov/questions-and-answers/firearms-qas