Originally Posted by Brian McIlmoyle
The object of the transfer is not in its self illegal... but it is proscribed under the law so that it's status is clear.. That status is as a prohibited device.. that is legal to possess.
It's legal to possess only if you possessed it prior to Jan 1/98. The onus is on you to prove that you bought it before this date. That's the kicker. How many people on here who do in fact own one and have done so since before this date still have the receipt to prove it?
You can not acquire (which is possession immediately after ther act of acquisition) one after this date. People seem to think that it's illegal to buy, but if they dodge that bullet, they are in the clear because it's legal once you have it in your hands. Not so at all. It's pretty black letter as I posted above.
But this is all moot until the item in question is 100% proscribed as a prohibited replica. Only a handful of guns have this distinction, one being the Western Arms Beretta M92.