JackHass said:
E-ignorance?? I think not!!! Permanently attached, means permanently attached. Pinned and welded over, or silver solder welded PERIOD!!!! Any decent gunsmith can, and should be able to do that. It's not rocket science. That's the law.....end of story!
As far as being a FUDD, he is one!
Again, you're missing the point completely and the bigger picture is flying over your head. You seem to be under the unfortunate impression that the law is the concrete LAW and that because it says so in a book that you are protected. If what you say is the case, there'd be no need for higher courts, State and Federal District courts or the Supreme Court.
A lawyer that has a firm
practices law. A judge or court hands down an
opinion. Local, county, state and feds
interpret the law. DA's, prosecutors, defense attorneys, LE agencies, Towns, Villages and corporations try new ways to stretch, limit, exploit and bend laws to suit their needs. There is no law that someone can't attempt to reinterpret. The aforementioned opinions, unique interpretations and legal theories often win.
Maybe they get overturned, maybe they don't. But what has happened in the interim. A shop owner who decided to weld a brake gets sucked up by Rice, run through the legal wringer, fiscally ruined and emotionally wrecked. Why would a prudent business man even consider risking it in a decidedly unfriendly legal climate? Is the asker an undercover DA Squad cop? A NYSP GIU guy?
Case in point with DA Rice. She is choosing to reinterpret the definition of an AWB and
is prosecuting under
her idea of what the law means. So where you find mistaken solace in the "law" actually affords you no such protection.
To boot, NYSP disagrees with your assessment of what permanent means. And has done so in court. In an upstate case a 5.5" properly pinned and welded brake was forcibly wrenched off a 11.5" barrel. This was verified by an expert witness to be properly pinned and welded per ATF regs. It was the prosecutions contention that as there were threads under there it met the definition of an illegal assault weapon. And they had an "expert" to back their
interpretation of the law. The charge was dropped when the defendant pled to attempted manslaughter which the gun was used in.
Again step back. See the bigger picture. The law book you hold in your hand is no better than a collection of theories. Remeber, the book has the law. How the law is interpreted is defined by trends in case law which can vary by locale, political leanings of municipal entities and dozens of other factors.
If you feel safe under your assumptions, think again.
As for the guy being a Fudd just because he won't do some AR work? I've never been to his shop. If his comfort zone is pump guns, levers, bolt guns, black powder guns and drillings say, god bless him and vote with your dollars and feet. Find someone who will do the work. Do you actually think hard as to why almost no one in the region will do the work, and recommends sending it out to ADCO? Do the math.