Don’t they have to prove my rifle isn’t “pre-ban”?
Some folks assert that if they are ever questioned about their rifle being pre-ban, all they have to say “prove that it’s not pre-ban.” However, in the case of the 1994 AWB, the mere possession of an offending rifle is illegal. As GonzoSKS1 (a lawyer and frequent contributor to the Survivor’s SKS Boards) points out: If you get tagged with too many ‘evil features’, you’re holding a gun that is facially designated as ‘banned’. That means the government has its prima facia case already, and they have met their burden of proof. You have an affirmative defense if you can prove its pre-ban, but you bear that burden. For more information, GonzoSKS1’s full comments on the Survivor’s SKS Boards web site. http://www.sksboards.com/forum/viewtopic.php?p=98313#98313 Note: This is why it is recommended to have proof of “pre-ban” status, namely receipts, bills of sale, etc.
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- Don’t they have to prove my rifle isn’t "pre-ban"?
