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Ebay Policy Clarification Letter


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#1 Sgt

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Posted 14 June 2004 - 08:27 PM

Earlier, some of you were unclear about the new Ebay policy on AW gun parts and dummy receivers, etc. I just got a response, and I thought it would be helpful to post it below. (their reply follows:)

Hello,

Thank you for writing to eBay with your concerns. We apologize for the
delay of our response. We are sincerely grateful for your patience in
this matter, but due to an unexpected and very large spike in email
volume, we have gotten behind but are working around the clock to answer
emails.

eBay has recently revised its Firearms Policy so that the sale of any
assault weapon-related parts or accessories will no longer be permitted.
This will apply to all parts and accessories related to any firearm
defined as an "assault weapon" by either Federal or California law. In
addition, the sale of any firearm receiver or firearm frame will not be
permitted. While this policy has always been in place, this ban will
now also include complete receivers and frames, components and parts of
receivers and frames, "cut", "80%", or "partially complete" receivers.

The primary reason that eBay has changed its policy is that various
state and federal laws are particularly complex when it comes to
regulating, and even defining, assault weapons parts and accessories.
What is legal in one jurisdiction may be illegal in another, and as the
category grew, it became increasingly difficult for us to enforce a
consistent policy. To keep our community from inadvertently violating a
firearms law, and to simplify our enforcement into a policy that would
be fair and consistent to all sellers, we took the step of banning all
parts and accessories related to assault weapons. This decision was
made purely to help protect our community from inadvertently violating
firearms laws, and for enforcement reasons. eBay takes no position on
the gun control issue. eBay will continue to allow the sale of hunting
rifle parts and accessories because the laws surrounding the sale of
these items are much simpler and thus easier to enforce. Although these
items may be legal for sale in your area, they no longer permitted on
eBay.

For further information regarding eBay's Firearms, Ammunition, Replicas,
and Militaria policy, please visit:

http://pages.ebay.co...s/firearms.html

or for additional information, please visit:

http://caselaw.lp.fi...2275-12277.html

We appreciate your patience and understanding regarding this matter, and
wish you continued success on eBay.

Regards,

Chip
eBay Community Watch
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#2 catnipman

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Posted 14 June 2004 - 08:41 PM

So, basicly, "Chip" hasn't said anything new. He just parroted back what was already stated in the policy. Once again, a common sense reading of the California and Federal law would not really leave any room for doubt that WWII Thompson parts are *NOT* assault weapon parts. I guess only time will tell what ebay does about continuing sale of these parts.

I'll probabably be selling a bunch of parts soon just to see what happens.
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#3 Tman

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Posted 15 June 2004 - 09:27 AM

Funny thing is that Thompson machineguns are not considered 'assault weapons' by Federal or Kalifornia law as far as I could find. Any others with different opinions, Harede, Philohio?
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#4 Fencer

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Posted 15 June 2004 - 11:47 AM

These Ebay guys crack me up. They removed by M1 Garand Bolt, but are leaving a Thompson SMG bolt there, as well as several other M1 bolts that had been on days. Mine was up less than 10 hours!! I think that posting to the "Hunting" Category is the way to go. I will see.
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#5 Bisley45

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Posted 15 June 2004 - 11:48 AM

As one member of the board has or had as his signature, NEVER under estemate the power of stupid people. As I understand Chip's letter a thompson parts kit is bad if the barrel is still atached to the stub front of the recever, or back sight is atached to that stub; as it is a cut recever. However as long as no part of the recever is included busness as usial.

Chip needs help from both a lawyer and someone who knows what end of a gun to put on his shoulder and what end to point at what he wants to hit down range. If he cared it would be in American English a layman could understand, his reply however is worthy of that of a politician.

IMHO Chip and the gun banners are the people who make things like genocide and rampant crime inevatable and unavoidable as those who don't care about societys rules will aquire such firearms anyway, and those of us good citizens left can't do anything but watch the TV. Remember the Texas tower anyone? What happened? Jhon Q. Public shot back there, Coffeeville Kansas, and too many other places to list.

I've probly exceded my $ .02 here
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#6 Norm

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Posted 15 June 2004 - 12:19 PM

If eBay thought that they would lose any REAL amount of money, they would embrace firearm auctions.

Afterall you can buy the most dangerous thing man ever invented on eBay- the automobile. They claim that laws vary from state to state on firearms, so they decided to do us all a favor and stop letting people sell items. Why not do this with cars? After all EVERY state makes you register your car, pay a special tax on it, and most make you take to an inspection once a year.

I agree with T-Man. Everything I find shows that the 27A1 is not an assualt weapon (the 27A5 pistol was under the '94 crime bill.) And of course no 21,28,M1, or M1A1 is an assualt weapon as they are NFA weapons.

Bisely45- it is my signature in which you are refering to. Maybe I should change it to "NEVER under estemate the power of stupid people with lots of money!"

It seems that Thompson parts still sell on eBay.

My "more than" $.02

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#7 TommyGunner

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Posted 15 June 2004 - 07:34 PM

Folks,

Here's my take.

Ebay is banning any assault weapons that are defined as such by federal or California law. Thompson Submachine guns are not assault weapons as defined by either. The semiautomatic thompsons are NOT assault weapons by federal deffinition or the Roberti-Roos list, however Kali law is much stricter than the federal counterpart. What I found at the NRA-ILA website is KALI law sayeth;

Effective January 1, 2000, the definition of "assault weapon" also includes any of the following: (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (cool.gif A thumbhole stock. © A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip. (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

As you can see the federal ban still allows one "deadly feature" while Kaliforniastan allows NONE. Furthermore, a foward pistol grip is on the no no list. (hell even a thumbhole mak90 is a no no) A semiauto thompson accepts a detachable magazine and has a pistol grip that protrudes conspicuously below the action and while not an assualt weapon by federal deffinition...it is an assault weapon by Kali deffinition and all parts and accessories would be prohibited on ebay as a result of this.

My fear is that since many parts interchange and the accessories mostly interchange...that even the NFA gun parts and accessories would be banned as well. sad.gif

I sincerely hope that one of the more knowledgeable members of the board can prove me wrong for all of us! Just my 02 FWIW.

Damon

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