Thread: Ctr-02
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Old 11-17-2005, 11:17 AM
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bwiese bwiese is offline
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Quote:
Originally Posted by bu-bye
So this would be good new for my KT-10 build right. KT-10 is what KT Ordnance calls their 80% "AR-10" lower. As long as the mag is pinned and its not on the list its ok and If it does make the list I can unpin the mag.
BuBye,

I would perhaps be a bit careful with homebuilt lowers, as opposed to acquiring an off-list limited production commercial lower like Artherd did. [If you got a letter from DOJ allowing this, though, go for it. Your letter to DOJ should be addressed to same people as artherd's and be phrased similarly.]

The problem here is that a key basic premise of Harrott v. Kings County holds that ARs/AKs had to be specifcally declared/named & promulgated (by being listed on DOJ Roster of AR15 and AK Series Weapons), by name, mfgr, model, etc. in order to be banned AWs. If not on this Roster, the the receivers are apparently OK providing no SB23 evil features attached.

Until I saw the DOJ response to Artherd's request, I'd always believed Harrott to not offer much protection. But this seems to be OK.

The problem w/homebrew receivers is that it might well be regarded by a court as impossible and impracticable for DOJ to specifically list details of every homebrew AR/AK receiver - esp as Harrott mandates it has to be listed on DOJ's Roster by name/mfgr/model, etc. Since your receiver would be something like "Jim Bob's Receiver #2", there thus could be a reasonable chance that Harrott protections would not carry over to homebrew receivers. This is a decision that would, it seem to me, be a matter of law and be made by a judge.

This would then make these homebrew receivers fully subject to prior Kasler decision, which put all ARs and AKs back into Type I category regardless of attached evil features - and under Kasler, if it looks/works like an AR, it is an AR.


Bill Wiese
San Jose

Last edited by bwiese; 11-26-2005 at 12:15 PM..
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