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Posted: 11/9/2001 6:30:26 AM EDT
The Franchi SPAS-12 was specifically named an AW in the 94 ban. However some SPAS-12s sold before the ban did not meet the definition of an AW shotgun: "a semi-automatic shotgun that has at least two of the following: a folding or telescoping stock; a pistol grip that protrudes conspicuously beneath the action of the weapon; a fixed magazine in excess of five rounds; and an ability to accept a detachable magazine." Late model, pre-94 SPAS-12s were fixed stock, pistol-grip, but with a magazine that only held 5 rds. This does not meet the above definition of AW, even though the weapon was specifcally named. Question: 1. If the (pre 94) SPAS-12 is an AW [b]because of it being specifically named as such in the Ban[/b], even though its configuration did not add up to AW, is it OK to add a folding stock or extended Mag.?
Link Posted: 11/9/2001 6:36:05 AM EDT
It's OK if the 94 AW ban is the only law affecting the SPAS 12. If they're imported, then the appropriate US-made parts must be added to make them considered 'US-made' weapons, and you can then add the assault weapon features. If the SPAS 12 is already a domestic shotgun, then since it's a 'named' assault weapon, it can be legally configured like the earlier models.
Link Posted: 11/9/2001 6:37:21 AM EDT
[Last Edit: 11/9/2001 6:32:15 AM EDT by Major-Murphy]
I know that IF the SPAS-12 had not been named, by name, in the ban, that if it came configured with no folder or mag. extension, it would be illegal to add these items after the ban.
Link Posted: 11/9/2001 7:23:57 AM EDT
Link Posted: 11/9/2001 7:25:22 AM EDT
Yeah, they also named the Colt AR-15 and Avotmont Kalashnikov (AK-47) by name. Yet, I see plenty of Post-Ban AR-15s. I haven't seen a Colt Lower in awhile, so maybe they're the only one's affected.
Link Posted: 11/9/2001 7:32:00 AM EDT
[Last Edit: 11/9/2001 7:47:19 AM EDT by cc48510]
[b]Semi-Automatic Assault Weapon.[/b] [b](A) Any Of The Firearms, Or Copies Or Duplicates Of The Firearms In Any Caliber, Known As:[/b] (1) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (All Models) (2) Action Arms Israeli Military Industries UZI and Galil (3) Beretta AR-70 (SC-70) (4) Colt AR-15 (5) Fabrique National FN/FAL, FN/LAR, and FNC (6) SWD M-10, M-11, M-11/9, and M-12 (7) Steyr AUG (8) INTRATEC TEC-9, TEC-DC9 and TEC-22 (9) Revolving Cylinder Shotguns, Such As (Or Similar To) The Street Sweeper and Striker 12 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- [b](B) A Semi-Automatic Rifle That Has An Ability To Accept A Detachable Magazine And Has At Least 2 Of--[/b] (1) A Folding Or Telescoping Stock (2) A Pistol Grip That Protrudes Conspicuously Beneath The Action Of The Weapon (3) A Bayonet Mount (4) A Flash Suppressor Or Threaded Barrel Designed To Accommodate A Flash Suppressor (5) A Grenade Launcher --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- [b](C) A Semi-Automatic Pistol That Has An Ability To Accept A Detachable Magazine And Has At Least 2 Of--[/b] (1) An Ammunition Magazine That Attaches To The Pistol Outside Of The Pistol Grip (2) A Threaded Barrel Capable Of Accepting A Barrel Extender, Flash Suppressor, Forward Handgrip, Or Silencer (3) A Shroud That Is Attached To, Or Partially Or Completely Encircles, The Barrel And That Permits The Shooter To Hold The Firearm With The Non-Trigger Hand Without Being Burned (4) A Manufactured Weight Of 50 Ounces Or More When The Pistol Is Unloaded (5) A Semi-Automatic Version Of An Automatic Firearm --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- [b](D) A Semi-Automatic Shotgun That Has At Least 2 Of--[/b] (1) A Folding Or Telescoping Stock (2) A Pistol Grip That Protrudes Conspicuously Beneath The Action Of The Weapon (3) A Fixed Magazine Capacity In Excess Of 5 Rounds (4) An Ability To Accept A Detachable Magazine.
Link Posted: 11/9/2001 7:38:07 AM EDT
What I find bizarre, is that this weapon was imported AFTER '89. Therefore it did not have the AW features that the '89 law found offensive, and was allowed to be imported. Then along comes the '94 law and makes any "Franchi SPAS-12" an AW (even the one's that were allowed in to the US post '89!!), allowing it to now have the AW features added. [whacko] Thank god for loop-holes, I suppose....
Link Posted: 11/9/2001 8:21:34 AM EDT
Major-Murphy, I would definitely chek into that first. I have seen ATF opinions stating that converting a Thumbhole AK to Regular is illegal even though both are illegal to import. You might want to check becuase surely they would want to still ban post-89 imports even if they are Pre-Ban AWs under the 94 law.
Link Posted: 11/9/2001 11:04:18 AM EDT
Originally Posted By cc48510: Major-Murphy, I would definitely chek into that first. I have seen ATF opinions stating that converting a Thumbhole AK to Regular is illegal even though both are illegal to import. You might want to check becuase surely they would want to still ban post-89 imports even if they are Pre-Ban AWs under the 94 law.
View Quote
you cant add a regular stock to a imported ak unless the ak has enough us parts in it to make it execmpt from the 89 ban or it was pre 89
Link Posted: 11/9/2001 12:25:02 PM EDT
Originally Posted By cyrax777: you cant add a regular stock to a imported ak unless the ak has enough us parts in it to make it execmpt from the 89 ban or it was pre 89
View Quote
You're legal with all imported parts if you did it before 11/90. Don't forget, it wasn't illegal to retrofit any import into an already "banned from import" configuration until 11/90.
Link Posted: 11/9/2001 1:01:28 PM EDT
[Last Edit: 11/9/2001 1:08:03 PM EDT by Dave_G]
Murph, I don't see the Franchi SPAS-12 named in 18 USC 921(a)(30)(A), so unless I missed something, its not a named semiautomatic assault weapon. If the weapon was imported after the '89 import ban went into effect without sufficient features to make it a semiautomatic assault weapon by configuration, then adding features that would have prohibited import, the folding stock and over 5-round tube, would be illegal. You still can't retrofit it with a folding stock and/or greater than 5-round tube because it would then be an illegal Post '94 Ban semiassault weapon. The only way to get around that and make it a legal grandfathered weapon would have been to have replaced a sufficient number of foriegn-made parts with American-made ones [b]PRIOR TO 9/13/1994[/B]. In short. You have to leave it as it is.
Link Posted: 11/9/2001 1:27:19 PM EDT
[Last Edit: 11/9/2001 1:23:58 PM EDT by Major-Murphy]
No, it's in there, you just have to dig: [url]http://discover-net.net/~rkbaviews/News-1-01-0831.html[/url] There is the initial list of "named" weapons, but further into the legislation you find the add ons.... [b]SHOTGUNS from Dan Black's (BATF) Letter to Sen. Craig, 12/20/93, as entered in the Congressional Record on 5/2/94 41) Benelli M1 Super 90 shotgun 42) Benelli M3 Super 90 shotgun 43) Franchi LAW 12 shotgun 44) Franchi SPAS 12 shotgun 45) USAS 12 shotgun [/b]
Link Posted: 11/9/2001 1:47:15 PM EDT
Murph, The first 19 named weapons are the only [b]"named"[/b] semiautomatic assault weapons. The rest of them on the list are weapons that, as configured, met the definition of a semiautomatic assault weapon. The M1A is one of those, but removal of the bayonet lug leaves it with only one evil feature. It is not a semi-automatic assault weapon and is still being manufactured today. That list, beyond item 19, has no legal standing. If your shotgun has only the one evil feature, it is not a semiautomatic assault weapon. Even if it was, the '89 import ban would prohibit you from adding evil features.
Link Posted: 11/9/2001 2:03:56 PM EDT
Well, then it's a good thing I don't own one of those evil things (thanks).
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