I'm certainly no lawyer but here's my two cents:
There is enough ambiguity in our laws to make strong arguments about all sorts of gray areas. That being said, how much money do you have to pay lawyers while you get dragged through the courts for several years? Do you really want to be a test case for any of this? If you have a high risk tolerance and can afford good legal representation, knock yourself out. Otherwise, just buy someone's used gun in the classifieds and FA10 it.
I disagree simply because it wasn't a firearm part while it was at the 80% stage so what you possessed was just a hunk of metal. Now, if you finished it into a lower receiver prior to the enforcement notice, you could then legally build that into a firearm. It would be nearly impossible to definitively prove when the lower was completed.So from what ive heard if you posessed an 80% lower before the enforcement notice, it was legal to complete (and register?) it after the notice...
Yes, I would tend to agree (IANAL) although I would imagine they'd subpoena your online posts, credit card transaction history, etc) to look for any sort of evidence that would help their case. I would not want to be the test case for this.Scenario: an unmarked 80% lower, completed and kept in the home, perhaps even post-healey (Hi Maura!) for personal use only (not pinned 10 round). Some fanatical anti-2A LEO shows up and books you for posession of an AW or a "copycat weapon" post Healeys decree. You claim it was completed before the decree. Therefore the burden of proof would be on THEM to prove it was completed after the Healey notice wouldnt it?
I don't think this would be legal because again, what you possessed prior to working on it was just some metal, not a lower.Scenario 2: same as above, except you claim you possessed the 80% lower BEFORE the enforcement notice but COMPLETED it after, as allowed by lord Maura.
The law requires you to file an eFA10 within a certain number of days after completing the firearm. Before you ask, I wouldn't even dream of making the claim in court that you kept finished lowers and uppers separated and never attached one to the other so it was never a finished firearm.Scenario 3: Not really a scenario, just wondering how registration would effect the scenarios above.
There is enough ambiguity in our laws to make strong arguments about all sorts of gray areas. That being said, how much money do you have to pay lawyers while you get dragged through the courts for several years? Do you really want to be a test case for any of this? If you have a high risk tolerance and can afford good legal representation, knock yourself out. Otherwise, just buy someone's used gun in the classifieds and FA10 it.