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View Full Version : AW Ban still on the books?


halifax
09-22-2007, 3:10 AM
I'm trying to figure out why the AW Ban is still on the books.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=e1d233d9d21a5ade860c9c451723f6bb&rgn=div8&view=text&node=27:3.0.1.2.3.3.1.24&idno=27

The notice at the top says the information is current as of September 20 2007.

What am I missing here?

fun2none
09-22-2007, 8:31 AM
The actual legal statute that defined the 1994 AWB was USC (U.S. Code) section 922(v) which expired in September 2004. The CFR (Code of Federal Regulations) Title 27 478.40 was used to provide administrative definitions for the 922(v) law. The regulations are not the law.

halifax
09-22-2007, 10:36 AM
The actual legal statute that defined the 1994 AWB was USC (U.S. Code) section 922(v) which expired in September 2004. The CFR (Code of Federal Regulations) Title 27 478.40 was used to provide administrative definitions for the 922(v) law. The regulations are not the law.

Huh? I guess I'm not up on my legaleze. :confused:

bwiese
09-22-2007, 12:48 PM
Depending on how laws are written/passed/amended, it's quite easy for a 'dead' law with no force to still be on the formal books.

I think for the Fed AW ban to be *removed* from laws on the books would take additional legislation.

Instead, I believe its 'sunset provision' just says it becomes not in force after Sep 13 2004.

Anthonysmanifesto
09-22-2007, 11:25 PM
the law cant delete itself.

If it were to have been extended they would have amended the expiration date.

otherwise a bill to delete the language has to be passed to remove it.

it has no force.

halifax
09-23-2007, 6:35 AM
OK. Thanks. I guess this is why we need lawyers. Would be nice to see it labelled with "OBSOLETE" or something like that though.