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Thread: More Form News From ATF

  1. #31
    Making or assembling is just that. The part that people stumble upon is the letter regarding shortening the barrel of an AK variant. Many keyboard kommandos interpreted that to mean that making an SBR/NFA weapon exempted you from 922(r). What was left out was the question that was asked to generate the response. The question that was asked was along the lines of "if all I am doing is shortening the barrel of an otherwise lawfully imported weapon, does 922(r) apply?" ATF held that just shortening the barrel does not constitute an act of making or assembly. Changing out components absolutely would, though. Just shorten the barrel, no problem. Swap out the butt stock, problem.

    And to say it again... there is no possession offense listed in 922(r). If you bought it that way, you did not make or assemble it.

    Jeff Folloder

    NFATCA Executive Director
    www.nfatca.org










  2. #32
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    Quote Originally Posted by ExecDirector View Post
    Making or assembling is just that. The part that people stumble upon is the letter regarding shortening the barrel of an AK variant. Many keyboard kommandos interpreted that to mean that making an SBR/NFA weapon exempted you from 922(r). What was left out was the question that was asked to generate the response. The question that was asked was along the lines of "if all I am doing is shortening the barrel of an otherwise lawfully imported weapon, does 922(r) apply?" ATF held that just shortening the barrel does not constitute an act of making or assembly. Changing out components absolutely would, though. Just shorten the barrel, no problem. Swap out the butt stock, problem.

    And to say it again... there is no possession offense listed in 922(r). If you bought it that way, you did not make or assemble it.
    That is odd. I thought that the confusion originated with the legal definition of "sporting" in the 922r language.

    _______________
    Sec. 178.39 Assembly of semiautomatic rifles or shotguns.

    (a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes.
    ______________

    I am pretty sure the arguments deal with the 34' NFA, 68' CGA and the 39' SCOTUS Case U.S. v. Miller seem to uphold that a NFA weapon is not designed for "sporting" use by definition and why it gives them legal authority to regulate them so heavily. Therefor if they are not for "sporting" use, they do not fall under the pervue of 922r.
    Last edited by jason8844; 11-15-2013 at 06:52 PM.

  3. #33
    Nope... The crux of "NFA trumps 922(r)" belief is the AK letter that I mentioned. That belief is incorrect. NFA does not trump. SBRs/SBSs absolutely are subject to 922(r) unless all you are doing is shortening the barrel.

    Your take is missing a key element: "prohibited from importation under section 925(d)(3)" [emphasis added] "as not being particularly suitable for or readily adaptable to sporting purposes." If it fails the sporting purpose test, it cannot be imported and that is what 922(r) sought to prevent: foreign weapons that could not be imported under a silly jihad that Congress cooked up and foreign companies or persons making an end run by assembling such weapons here. Basically, a protectionist scheme that serves no real purpose.

    ATF had to resolve a conflict between the fact that NFA weapons, which are not illegal under Federal law to own, could in fact be made, even though, by definition, doing so would render said weapon unimportable because it does not meet the sporting purpose test. Yet a base gun, such as an HK USC, certainly is importable! So... They will let you cut the barrel ("assembly by reduction?") and turn it into an SBR with no issue. If you swap out parts, you are afoul of 922(r).

    And while there are 922(r) prosecutions and convictions, it is not a lead charge because it is nearly impossible to prove. It's a bolt on offense for folks that are doing a lot of other really bad stuff at the same time.

    Jeff Folloder

    NFATCA Executive Director
    www.nfatca.org










  4. #34
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    Quote Originally Posted by ExecDirector View Post
    Nope... The crux of "NFA trumps 922(r)" belief is the AK letter that I mentioned. That belief is incorrect. NFA does not trump. SBRs/SBSs absolutely are subject to 922(r) unless all you are doing is shortening the barrel.

    Your take is missing a key element: "prohibited from importation under section 925(d)(3)" [emphasis added] "as not being particularly suitable for or readily adaptable to sporting purposes." If it fails the sporting purpose test, it cannot be imported and that is what 922(r) sought to prevent: foreign weapons that could not be imported under a silly jihad that Congress cooked up and foreign companies or persons making an end run by assembling such weapons here. Basically, a protectionist scheme that serves no real purpose.

    ATF had to resolve a conflict between the fact that NFA weapons, which are not illegal under Federal law to own, could in fact be made, even though, by definition, doing so would render said weapon unimportable because it does not meet the sporting purpose test. Yet a base gun, such as an HK USC, certainly is importable! So... They will let you cut the barrel ("assembly by reduction?") and turn it into an SBR with no issue. If you swap out parts, you are afoul of 922(r).

    And while there are 922(r) prosecutions and convictions, it is not a lead charge because it is nearly impossible to prove. It's a bolt on offense for folks that are doing a lot of other really bad stuff at the same time.
    I appreciate your insight. I do not even like to get near the grey area of the law and all my guns are 922r compliant whether they are NFA or not. Thank you for explaining it in a simple way and I hope it helps other potentially stay out of any trouble.

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