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RP1911
04-15-2009, 6:18 PM
I sold an OLL AR to a friend of mine who happens to be an LE. His CLEO has signed a letter to send to DOJ to register it as a AW.

The packet that needs to be sent to DOJ, has a blue card that is asking where or whom the rifle was purchased from (I think that's what they want).

Since the rifle was transferred through a dealer as an OLL, how should I proceed as far as giving out my info?

hoffmang
04-15-2009, 8:58 PM
I'd have him list the FFL he PPT'ed from to keep it simpler for BoF.

-Gene

sac550
04-15-2009, 10:03 PM
make sure the FFL had an assault weapons permit or doj will reject it.

jdberger
04-15-2009, 10:25 PM
Why?

It's not like you're going from rifle to pistol or that type of thing.

bwiese
04-15-2009, 10:59 PM
There are rumors DOJ is doing more 'underground regulation' dances about LE registrations, preventing OLLs from legally being converted to AWs (as opposed to being sold/imported as AWs and sold to LEOs w/LE AW reg).

Apparently Alison prefers cops have factory Colt ARs as their AWs. ;)

RP1911
04-16-2009, 6:50 AM
make sure the FFL had an assault weapons permit or doj will reject it.


The weapon was sold as an OLL and transferred as such. The dealer does have an AW permit but that should not come to play.

The AW conversion will happen once the the DOJ accepts the registration. Unless the registration can only happen if the rifle is in AW configuration prior to registration, that would make it illegal, since it would be manufacturing and possession of an unregistered AW.

hoffmang
04-16-2009, 10:08 AM
The weapon was sold as an OLL and transferred as such. The dealer does have an AW permit but that should not come to play.


The only reason the AW permit comes into play is that BoF is incorrectly operating on the assumption that a LEO lettered AW can not be created out on an OLL. It's classic underground regulation, but if your buddy lists it as being transferred from an FFL who has an AW permit, then BoF will just push the paper correctly without hassle.

-Gene

RP1911
04-16-2009, 3:07 PM
Thanks Gene.

jdberger
04-16-2009, 4:10 PM
Might be more fun going the other route. Challenge them on the underground regulation.

bwiese
04-16-2009, 4:23 PM
Might be more fun going the other route. Challenge them on the underground regulation.

It could well be worthwhile, but we also have to figure our time vs their time comparison and what other projects may be more worthwhile to a larger set of folks.

1911su16b870
04-16-2009, 9:11 PM
Thanks Guys for the good info. The app. cover letter states "Application and authorization letter must be postmarked no later than ninety days from the date of acquisition" while the blue card has S/N, Make, Model, Type, Caliber, Barrel Length, Date of Acquisition, From Whom Acquired, Address, City, State, and Zip Code.

PC12280(g)(2)...in the case of a peace officer who possesses or receives the assault weapon on or after January 1, 2002, the officer shall register the assault weapon persuant to Section 12285 not later than 90 days after possession or receipt. The peace officer must include with the registration, a copy of the authorization required pursuant to this paragraph.

I am guessing BOF views the above as you either possess it or receive it, and there is no AW contruction provision in the PC to convert an OLL into a RAW. I understand this may not be valuable fighting the construction of an OLL into a AW, but the flip side is if you are a LEO with deptartment letter you get to buy a whole new AW and register it.

1911su16b870
04-16-2009, 9:16 PM
A second question: Will BOF care if the listed "From Whom Acquired" does not have a AW permit? Will BOF check them out and act accordingly?

sac550
04-16-2009, 9:24 PM
A second question: Will BOF care if the listed "From Whom Acquired" does not have a AW permit? Will BOF check them out and act accordingly?

Yes, they do check and WILL reject a peace officer AW reg if it came from a FFL without an AW permit. Also DOJ will not allow a peace officer with a letter from their chief to buy a lower, build it into an AW and reg it. They say 12280(f)(2) doesn't allow peace officer to manufacture an AW. Since a complete lower isn't an AW they can't reg it as one. Seems like there is a gap in the law.

So how to fix? have PC 12280(f)(2) amended? get doj to change their opinion? or find an ffl with an endorsement or permit to manufacture an AW. Then the peace officer could take the complete lower and the upper to that ffl and have them put the two pins in and hand it back to you. Then the peace officer didn't manufacture it.

RP1911
04-16-2009, 10:23 PM
For the record, the AR was sold complete with BB (latest version) and is still in that configuration.