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 Post subject: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 16:58 
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I just called and verified with Tango Down my Vertical Foregrip is manufactured in Tucson, Arizona of all places. I am debating on whether or not to install it on my AR-15 pistol. The BATF says this makes it an AOW and requires a federal tax stamp. Please see new law below and let me know what you think.

13-3114. Arizona manufactured firearms; regulation; definitions

A. Beginning October 1, 2010, a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in this state and that remains within the borders of this state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce and is not considered to have traveled in interstate commerce.

B. See full law online.
C. See full law online
D. See full law online.
F. For the purposes of this section:
1. "Firearm accessory" means an item that is used in conjunction with or mounted on a firearm but that is not essential to the basic function of a firearm, including telescopic or laser sights, magazines, flash suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers and lights for target illumination.

2. "Generic or insignificant part" includes springs, screws, nuts and pins.

3. "Manufactured" means that a firearm, a firearm accessory or ammunition has been created from basic materials for functional usefulness, including forging, casting, machining or other processes for working materials.

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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 17:03 
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Fed trumps state.

While DPS won't be able to bust you for it, BATFE would still be able to.


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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 17:41 
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They'll prolly just shoot you so there is no case.

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AZEX wrote:
I think your dick beaters might be a bit big for this gun...hold hands with me so I can be sure.

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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 17:51 
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axisofoil wrote:
Fed trumps state.


There is absolutely no truth to this statement. Please go check out the Tenth Ammendment of the US Constitution.

In fact, the Sheriff is the highest ranking law enforcement officer and even has the power to kick the BATF out of his county.

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Why do the same people who think guns are evil and call for their restriction or all out destruction usually have no problem with killing unborn babies?


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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 18:01 
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Swatdude1 wrote:
axisofoil wrote:
Fed trumps state.


There is absolutely no truth to this statement. Please go check out the Tenth Ammendment of the US Constitution.

In fact, the Sheriff is the highest ranking law enforcement officer and even has the power to kick the BATF out of his county.


Very true... The problem becomes the politics... Like the old 55mph speed limit... illegal as hell but the Fed threatened to hold back money that they took out of the state....

I would not want to be the test case unless I already had HUGE backing....

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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 18:06 
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Swatdude1 wrote:
Should I be the test case???

Sure, why not :D

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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 18:09 
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Since the AR wasn't made in the state, or you haven't specified that it was, I don't see how just having the grip made here would make a difference.

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AZEX wrote:
I think your dick beaters might be a bit big for this gun...hold hands with me so I can be sure.

D.


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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 18:21 
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Read the law again. The firearm accessory is listed in an "or" sentence, not "and", so the VFG would not be subject to federal law or regulation. If only the firearm being manufactured here mattered, why even list firearm accessory at all? It doesn't matter whether or not the firearm was manufactured here or not. The firearm accessory, even specifically referred to "grip" in the law, is not under federal regulation.

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Why do the same people who think guns are evil and call for their restriction or all out destruction usually have no problem with killing unborn babies?


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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 18:29 
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I am new to AR's and want to build one soon.

WTF? am I reading this correctly, accessories such as grips/vertical foregrips, installing a laser or flashlight is against federal law?

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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 18:33 
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The AR is what is registered under the NFA not the VFG. Current law doesn't regulate the VFG its regulating the "Pistol" which by the addition of a VFG would make it an AOW which would need to be registered on either a Form1 or Form4. if you really want to challenge it, get one of those 95% receivers that ASA just got approved on, finish the manufacturing of the lower yourself, have it engraved 'Made in Arizona" like the law says and throw a short barreled upper on it, that would stand a better chance than just slapping a VFG on a pistol.

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AZEX wrote:
I think your dick beaters might be a bit big for this gun...hold hands with me so I can be sure.

D.


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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 18:40 
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dauph wrote:
I am new to AR's and want to build one soon.

WTF? am I reading this correctly, accessories such as grips/vertical foregrips, installing a laser or flashlight is against federal law?

Installing a Front grip on to an AR15 'Pistol" turns said "Piston" in to an AOW which is regulated by the NFA.
Putting any accessories on to an AR15 Rifle or SBR is not illegal.

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AZEX wrote:
I think your dick beaters might be a bit big for this gun...hold hands with me so I can be sure.

D.


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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 19:00 
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Swatdude1 wrote:
axisofoil wrote:
Fed trumps state.


There is absolutely no truth to this statement. Please go check out the Tenth Ammendment of the US Constitution.

In fact, the Sheriff is the highest ranking law enforcement officer and even has the power to kick the BATF out of his county.


I wasn't saying anything about the legality of the situation... just stating my opinion on how it's going to go down if the BATF wants to screw with the guy. What the Sheriff COULD do, and what he WOULD do are two very different things, I imagine... and won't make any conclusion on the Sheriff's reaction to the BATF coming down on him for adding a VFG to a pistol and not registering it as an AOW.


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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 19:04 
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Gras wrote:
The AR is what is registered under the NFA not the VFG. Current law doesn't regulate the VFG its regulating the "Pistol" which by the addition of a VFG would make it an AOW which would need to be registered on either a Form1 or Form4. if you really want to challenge it, get one of those 95% receivers that ASA just got approved on, finish the manufacturing of the lower yourself, have it engraved 'Made in Arizona" like the law says and throw a short barreled upper on it, that would stand a better chance than just slapping a VFG on a pistol.


I see the logic in what you are saying but why even include "firearm accessory" as part of the law? I have an Arizona Armory lower made here in Phoenix. Are you saying I could purchase a POF SBR upper, also made in Phoenix, and be in compliance with the law? What about the rifle length requirements in 13-3101?

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Why do the same people who think guns are evil and call for their restriction or all out destruction usually have no problem with killing unborn babies?


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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 19:08 
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Swatdude1 wrote:
axisofoil wrote:
Fed trumps state.


There is absolutely no truth to this statement. Please go check out the Tenth Ammendment of the US Constitution.

In fact, the Sheriff is the highest ranking law enforcement officer and even has the power to kick the BATF out of his county.



I am going to step in before any more of this type of horseshit gets spilled out of people's fingers and onto this website. Since it is OP I am not going to lock the thread.

1) There is a lot of truth in "Fed trumps state"
2) The sheriff of a county cannot kick the BATFE out of his county. One wacky judge's comments do not make a new principle over the clear terms of the constitution.

The United States Constitution and Federal laws are absolutely supreme. If you think the 10th amendment contradicts that you are simply not familiar with the constitution.

Article 6 Clause 2 states:
Quote:
"This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."


More importantly the Supreme Court has extensively ruled what the 10th amendment means. The prevailing law is that the 10th amendment is a truism that have no affirmative enforcement value. It simply repeats the fact that the federal government can only act on delegated powers. Read United States v. Darby and Printz v. United States. I have no problem with people wanting to be a test case if they have full knowledge of what is going to happen. 1) they will be prosecuted. 2) they will go to prison. 3) EVEN IF they win on appeal they will be in prison for years because the Supreme Court is the only body that will overturn their conviction on constitutional grounds, due to the nature of the settled law.


Why do I care? This type of misinformation will land some poor moron in prison.
People considering doing this: the Arizona law does absolutely nothing for you. IT IS COMPLETELY VOID. If they prosecute you will go to prison and there is a 99% chance or better that you will stay there. I don't really care what you think the 10th amendment means. The courts have decided it means nothing and that is what they are going to hold you to.

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 Post subject: Re: Well here goes... Should I be the test case???
New postPosted: 07 Jun 2011, 19:27 
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Swatdude1 wrote:
Gras wrote:
The AR is what is registered under the NFA not the VFG. Current law doesn't regulate the VFG its regulating the "Pistol" which by the addition of a VFG would make it an AOW which would need to be registered on either a Form1 or Form4. if you really want to challenge it, get one of those 95% receivers that ASA just got approved on, finish the manufacturing of the lower yourself, have it engraved 'Made in Arizona" like the law says and throw a short barreled upper on it, that would stand a better chance than just slapping a VFG on a pistol.


I see the logic in what you are saying but why even include "firearm accessory" as part of the law? I have an Arizona Armory lower made here in Phoenix. Are you saying I could purchase a POF SBR upper, also made in Phoenix, and be in compliance with the law? What about the rifle length requirements in 13-3101?

No really, you'd probably still be thrown in Federal (Pound me in the ass) Prison. but if you've got the time off work and the money for all the legal fees, go ahead.

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AZEX wrote:
I think your dick beaters might be a bit big for this gun...hold hands with me so I can be sure.

D.


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