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topcote
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Posted: 8/9/2012 8:21:04 PM

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Could some of you experts please explain the 922r rule. I have read and read about the part count numbers, and i understand there can only be X or Y amount of import parts on your rifle or it is deemed illegal. My question is who checks? i have been shooting for years and no one has every made me pop the dust cover off and count parts. I try to go to the range weekly and there are plenty of law enforcement officers always there and the owner of the range doesn't care as long as you pay the range fees. I mean who really checks. I've heard from some of the local dealers that the AFT comes in and checks inventory and see if everything is tagged properly. Where i live you can have a SBR with a can on it as long as you pay the tax and have the paper. But, if i slap a import magazine in my rifle "I'm illegal"? I don't have an non-compliant rifle, but if i did who would notice?
maxxmojo
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Posted: 8/9/2012 8:41:39 PM
If anyone is trying to bust you for 922r, it means they have you locked up in the local jail under murder/trafficking/serious drug charges and they're looking to add as much as they can to make sure something sticks. They have bigger things to worry about than some hobbyist with an AK that has 11 foreign parts on it. However, it is somewhat in a grey area with the way it's written and most people like to ensure their rifles are compliant, while actual manufacturers and retailers must ensure they are when sold.
jonathon
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Posted: 8/9/2012 8:45:56 PM
No one would notice, and more importantly, the feds would have to prove you manufactured the rifle. Possession itself is not illegal. Since it's an obscure Federal law the locals won't even be looking for it.
N4KVE
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Posted: 8/9/2012 9:11:08 PM
[Last Edit: 8/9/2012 10:11:58 PM by N4KVE]
The 922 law applies to people who import or build weapons that could not be imported. Remember when importation of pre ban AK's were banned, & had to come in as MAK 90's which were considered sporting weapons. That law didn't apply to AR 15's as they were built in the USA, & not imported. So if someone in 1990 built a 100% US AK, it could still have all the evil features. Well nobody thought of that back then, but several years later, somebody asked the ATF to clarify how many parts had to be in an imported rifle to be considered US made. They came up with a rule that if no more than 10 foreign parts, & 5, or 6 US parts [depending on the gun] the gun could then have the evil features a US made gun could have. Remember, the 89 ban only affected imported guns. So Importers like Century, TGI, IO, & others have to comply with this law. Also builders like Arsenal, Krebs, & others who build guns here in the US from imported parts need to add US parts to make "made in America" guns. Now theoretically if you take a MAK 90, & replace the thumbhole stock with a pistol grip & buttstock, you have assembled a gun that couldn't be imported without the required US parts, but you'd have a better chance of getting caught for littering. But technically, it still is illegal. But so is littering. However, if you purchase a used MAK 90 that has a pistol grip, & buttstock, & no US parts, it's perfectly legal as you didn't import, or convert the gun. 922 only deals with importation, or assembly. Nobody on this forum, or any other gun forum has ever made reference to anybody who got arrested for a 922 violation. 922 is a way for importers & builders to get guns to the public that were banned in 89. The only people who benefit from 922 are the people who make the US parts like Tapco. GARY N4KVE
purevl2
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Posted: 8/9/2012 9:16:17 PM
Originally Posted By N4KVE:
The 922 law applies to people who import or build weapons that could not be imported. Remember when pre ban AK's were banned, & had to come in as MAK 90's which were considered sporting weapons. That law didn't apply to AR 15's as they were built in the USA, & not imported. So if someone in 1990 built a 100% US AK, it could still have all the evil features. Well nobody thought of that back then, but several years later, somebody asked the ATF to clarify how many parts had to be in an imported rifle to be considered US made. They came up with a rule that if no more than 10 foreign parts, & 5, or 6 US parts [depending on the gun] the gun could then have the evil features a US made gun could have. Remember, the 89 ban only affected imported guns. So Importers like Century, TGI, IO, & others have to comply with this law. Also builders like Arsenal, Krebs, & others who build guns here in the US from imported parts need to add US parts to make "made in America" guns. Now theoretically if you take a MAK 90, & replace the thumbhole stock with a pistol grip & buttstock, you have assembled a gun that couldn't be imported without the required US parts, but you'd have a better chance of getting caught for littering. But technically, it still is illegal. But so is littering. However, if you purchase a used MAK 90 that has a pistol grip, & buttstock, & no US parts, it's perfectly legal as you didn't import, or convert the gun. 922 only deals with importation, or assembly. Nobody on this forum, or any other gun forum has ever made reference to anybody who got arrested for a 922 violation. 922 is a way for importers & builders to get guns to the public that were banned in 89. The only people who benefit from 922 are the people who make the US parts like Tapco. GARY N4KVE


Nice explanation.
StephenNW
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Posted: 8/9/2012 9:53:17 PM
Awesome explanation, Gary.
dntama
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Posted: 8/9/2012 10:42:58 PM
[Last Edit: 8/9/2012 10:54:22 PM by dntama]
I would worry a little. You could get arrested for something minor like a speeding ticket on the way to the range. Your "assault weapon" then gets confiscated for further inspection where it found to be in violation on 922r. Or your guns get stolen and involved in a crime; Later the Feds come back to you for questions. Or you forget your gun is not 922r compliant and you sell it. Later that weapon is involved in a accident, crime whatever. You may legally be ok but can still be hassled and it may cost you money or your job to clear yourself and probably wont get your guns back either.
RenegadeX
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Posted: 8/9/2012 11:00:38 PM

Originally Posted By dntama:
I would worry a little. You could get arrested for something minor like a speeding ticket on the way to the range. Your "assault weapon" then gets confiscated for further inspection where it found to be in violation on 922r. Or your guns get stolen and involved in a crime; Later the Feds come back to you for questions. Or you forget your gun is not 922r compliant and you sell it. Later that weapon is involved in a accident, crime whatever. You may legally be ok but can still be hassled and it may cost you money or your job to clear yourself and probably wont get your guns back either.

Not illegal to own a 922r gun, just like it is not illegal to own a Glock 28.
N4KVE
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Posted: 8/9/2012 11:05:19 PM
[Last Edit: 8/9/2012 11:07:49 PM by N4KVE]
Well, I had a Saiga .308 rifle stolen from my car. While I didn't personally "restore" it to assault weapon status, it's a little short in the 922 count. It was recovered by the police, but they forgot to notify me of this fact. Only after calling 2 years later to ask if my gun was ever recovered, did they say yeah it's here, come & get it. So the gun sat in the evidence room of a large police dept for 18 months as evidence against the drug dealer who had it, & nobody gave it a second look. They handed it back to me, & I walked out the front door with my Saiga. This is not internet hearsay, this actually happened to me, so I'm not worried. GARY N4KVE
Mak
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Posted: 8/9/2012 11:51:47 PM
Who checks?

I believe there is a post here about a guy in New York state who bought a rifle and had it sent to an FFL who refuses to transfer the rifle to him without proof it is 922R compliant even after the FFL called the importer who informed them it was compliant at the time it was originally sold.

I remember bringing it up here several times concerning internet sales of non-compliant rifles being sold as preban Chinese rifles which were actually postban posted on the EE by unscrupulous sellers here.

It may not get the interest of law enforcement but an FFL doing a transfer can seize the firearm as an illegal transfer and ATF will sometimes tell them to destroy a weapon if it can't be transfered.
RenegadeX
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Posted: 8/9/2012 11:53:13 PM

Originally Posted By Mak:

It may not get the interest of law enforcement but an FFL doing a transfer can seize the firearm as an illegal transfer and ATF will sometimes tell them to destroy a weapon if it can't be transfered.

Complete fucking bullshit.
Mak
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Posted: 8/10/2012 12:13:58 AM
[Last Edit: 8/10/2012 12:16:22 AM by Mak]
Originally Posted By RenegadeX:

Originally Posted By Mak:

It may not get the interest of law enforcement but an FFL doing a transfer can seize the firearm as an illegal transfer and ATF will sometimes tell them to destroy a weapon if it can't be transfered.

Complete fucking bullshit.


What is bullshit? If an FFL accepts a transfer and enters it into their bound book and then is barred from tranferring the firearm to the receiving person what can they do? Say you ship a firearm to an FFL, he enters the firearm into his book, you come in to take possession, he runs a check on your info as required by law and you fail to qualify because you are a prohibitted person. He seizes the firearm, you can not take possession, someone else can't come in to take possession for you because that equals a straw purchase.

What if you buy a shotgun online and have it shipped to a receiving FFL. It arrives and the barrel is 1/2 inch short of legal length? FFL seizes the firearm. FFL calls the ATF and reports the illegal firearm. ATF never shows up and after repeated calls the FFL is told to remove barrel and destroy it. This actually happened to a close personal friend of mine who is an FFL. He destroyed the barrel and held the shotgun for some time and finally ordered a legal barrel for it.

An FFL who is unscupulous can be a prick.
RenegadeX
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Posted: 8/10/2012 12:21:16 AM
[Last Edit: 8/10/2012 12:36:37 AM by RenegadeX]

Originally Posted By Mak:
Originally Posted By RenegadeX:

Originally Posted By Mak:

It may not get the interest of law enforcement but an FFL doing a transfer can seize the firearm as an illegal transfer and ATF will sometimes tell them to destroy a weapon if it can't be transfered.

Complete fucking bullshit.


What is bullshit? If an FFL accepts a transfer and enters it into their bound book and then is barred from tranferring the firearm to the receiving person what can they do? Send it back to seller is one option. Say you ship a firearm to an FFL, he enters the firearm into his book, you come in to take possession, he runs a check on your info as required by law and you fail to qualify because you are a prohibitted person. He seizes the firearm, you can not take possession, someone else can't come in to take possession for you because that equals a straw purchase. Send it to another FFL, or sell it on consignment or write a BOS and sell it to somone else, again, many legal options.

What if you buy a shotgun online and have it shipped to a receiving FFL. It arrives and the barrel is 1/2 inch short of legal length? What FFL measures BBLs of xfers? Does FFl even know what legal length is? I doubt it. Has he been trained in how to meaure? BATFE agents must be trained to testify in court about BBL length, has the FFL been trained, or is he winging it? FFL seizes the firearm. FFL has no legal right to seize it. FFL calls the ATF and reports the illegal firearm. ATF never shows up and after repeated calls the FFL is told to remove barrel and destroy it. This actually happened to a close personal friend of mine who is an FFL. He destroyed the barrel and held the shotgun for some time and finally ordered a legal barrel for it. Maybe that happened but it was wrong and a violation of policy.

An FFL who is unscupulous can be a prick.

FFL is not a Law Enforcement Entity and has no legal authority to "seize" anything. That part is BS.


ETA:

Didn't mean BS at you, and my comments above are constructive should you ever find yourself in this are some options you can use rather than have your gun destroyed by a moron FFL.

CPT1-285TH
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Posted: 8/10/2012 12:28:01 AM
Mak
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Posted: 8/10/2012 12:36:39 AM
Originally Posted By RenegadeX:

Originally Posted By Mak:
Originally Posted By RenegadeX:

Originally Posted By Mak:

It may not get the interest of law enforcement but an FFL doing a transfer can seize the firearm as an illegal transfer and ATF will sometimes tell them to destroy a weapon if it can't be transfered.

Complete fucking bullshit.


What is bullshit? If an FFL accepts a transfer and enters it into their bound book and then is barred from tranferring the firearm to the receiving person what can they do? Say you ship a firearm to an FFL, he enters the firearm into his book, you come in to take possession, he runs a check on your info as required by law and you fail to qualify because you are a prohibitted person. He seizes the firearm, you can not take possession, someone else can't come in to take possession for you because that equals a straw purchase.

What if you buy a shotgun online and have it shipped to a receiving FFL. It arrives and the barrel is 1/2 inch short of legal length? FFL seizes the firearm. FFL calls the ATF and reports the illegal firearm. ATF never shows up and after repeated calls the FFL is told to remove barrel and destroy it. This actually happened to a close personal friend of mine who is an FFL. He destroyed the barrel and held the shotgun for some time and finally ordered a legal barrel for it.

An FFL who is unscupulous can be a prick.

FFL is not a Law Enforcement Entity and has no legal authority to "seize" anything. That part is BS.




FFL enters a firearm into their bound book when they take possession, correct? That firearm is now in their inventory, correct? If you are a prohibited person and you had the firearm shipped to the FFL they are unable to complete the transfer to you, correct? Call it what you want, the result is a seizure.

FFL receives an illegal firearm? They are prohibited from transferring it. Correct? If they have it in their possession/inventory and it is illegal to transfer it what do you call it when they refuse to give it to you?

If an FFL were to transfer a firearm they knew to be illegal they could lose their FFL and/or face arrest. They have possession of the firearm, they are prohibited from transferring it.

The two FFL's I used in AZ only did transfers on the side by the way. Their full time jobs were with agencies under th DOJ. One with Customs/BP. The other USBOP.

RenegadeX
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Posted: 8/10/2012 12:44:47 AM
[Last Edit: 8/10/2012 12:45:57 AM by RenegadeX]

Originally Posted By Mak:

FFL enters a firearm into their bound book when they take possession, correct? That firearm is now in their inventory, correct? If you are a prohibited person and you had the firearm shipped to the FFL they are unable to complete the transfer to you, correct? Call it what you want, the result is a seizure. No it is not. It is just another firearm in their inventory and can be sold or xferred to someone else.

FFL receives an illegal firearm? They are prohibited from transferring it. Correct? If they have it in their possession/inventory and it is illegal to transfer it what do you call it when they refuse to give it to you? FFL needs to be very careful deciding if it is illegal. But say it is. First thing is call sender and make sure they really meant to send it to you. Like guy today in news who got a Sig rifle when he ordered a TV from Amazon. Maybe it was a mistake and they want it back. Maybe they did not know it was illegal and you can make it legal easily. Then do it.

If an FFL were to transfer a firearm they knew to be illegal they could lose their FFL and/or face arrest. They have possession of the firearm, they are prohibited from transferring it. Most illegal guns can be made legal in a few seconds. So do it then xfer it.

The two FFL's I used in AZ only did transfers on the side by the way. Their full time jobs were with agencies under th DOJ. One with Customs/BP. The other USBOP.


If you are an FFL long enough, sooner or later you will get in something questionable. No need to go bat-shit crazy. Just fix it ASAP.

Mak
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Posted: 8/10/2012 12:48:26 AM
RenegadeX...Go back and read the first scenario I wrote. I mentioned you ship a gun to an FFL and then you go into the FFL to pick the rifle up and you fail to pass the background check. The FFL can not send it back to the seller. The person that shipped it to the FFL was the same person that went in to pick it up. That person already failed the background check.

Why did he ship to an FFL in the first place? I have no idea unless the person was flying and didn't want to check the firearm or didn't know they could ship to themself. FFL was unable to complete transfer to prohibitted person who was the same person that shipped it.
RenegadeX
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Posted: 8/10/2012 12:53:37 AM

Originally Posted By Mak:
RenegadeX...Go back and read the first scenario I wrote. I mentioned you ship a gun to an FFL and then you go into the FFL to pick the rifle up and you fail to pass the background check. The FFL can not send it back to the seller. The person that shipped it to the FFL was the same person that went in to pick it up. That person already failed the background check.


OK unusual scenario for a prohibited person to ship a gun they already possess to an FFL, but FFL can still ship or sell to anyone else.

Mak
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Posted: 8/10/2012 12:55:41 AM
Originally Posted By RenegadeX:

If you are an FFL long enough, sooner or later you will get in something questionable. No need to go bat-shit crazy. Just fix it ASAP.



If you read the other thread I bumped about the AK in NY that an FFL will not transfer it is mentioned by a number of people that the FFL could let the guy make the rifle compliant just by inserting a Tapco mag and installing US parts or taking the buttstock and pistol grip off. That FFL refuses to do that. The rifle very well may be compliant as is but the FFL won't believe Century without having it in writing.
Mak
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Posted: 8/10/2012 1:00:05 AM
Originally Posted By RenegadeX:

Originally Posted By Mak:
RenegadeX...Go back and read the first scenario I wrote. I mentioned you ship a gun to an FFL and then you go into the FFL to pick the rifle up and you fail to pass the background check. The FFL can not send it back to the seller. The person that shipped it to the FFL was the same person that went in to pick it up. That person already failed the background check.


OK unusual scenario for a prohibited person to ship a gun they already possess to an FFL, but FFL can still ship or sell to anyone else.



He made it legal by purchasing a new barrel after ATF never came to pick it up. The prohibited person never came back for it after failing the background check. The guy had shipped several firearms one being the short barreled shotgun.

RenegadeX
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Posted: 8/10/2012 1:01:15 AM

Originally Posted By Mak:
Originally Posted By RenegadeX:

If you are an FFL long enough, sooner or later you will get in something questionable. No need to go bat-shit crazy. Just fix it ASAP.



If you read the other thread I bumped about the AK in NY that an FFL will not transfer it is mentioned by a number of people that the FFL could let the guy make the rifle compliant just by inserting a Tapco mag and installing US parts or taking the buttstock and pistol grip off. That FFL refuses to do that. The rifle very well may be compliant as is but the FFL won't believe Century without having it in writing.

Yes I saqw that and commented. Anyway that is my point here. There are many legal options. No need for FFL to be a jerk. Always get FFL references before sending anything. Too many do not know what they are doing.
jonathon
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Posted: 8/10/2012 2:47:53 AM
Any FFL that worries about 922 compliance on an assembled weapon they are transferring needs to pull their head out of their butt and actually learn the law. Again it has nothing to do with possession only the manufacture or assembly.
Enigma229
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Posted: 8/10/2012 8:19:11 AM
What makes it even more ambiguous is that not all domestic made parts have 'US' stamped on them.
N4KVE
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Posted: 8/10/2012 10:15:27 AM


What is bullshit? If an FFL accepts a transfer and enters it into their bound book and then is barred from tranferring the firearm to the receiving person what can they do? He seizes the firearm.


No, that is BS. We had this happen at work. A guy bought a gun on line. When he came in to pick up the gun, he failed the background check. However, the store owner offered to buy the gun from the guy, & it wasn't a total loss. Sure, the customer paid the on line store $400 for the gun, but the store owner where I work offered the guy $250 for his gun. The guy accepted the deal because $250 is better than nothing. Imagine this. Times are tough, & to get by you have to pawn a gun until your next paycheck. You go back to the pawn shop to get YOUR gun back, & fail the back ground check. You only needed $100 against your $600 gun, but now you can't get it back. What happens next? HMMMMMM. GARY N4KVE


Mak
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Posted: 8/10/2012 11:49:26 AM
Originally Posted By N4KVE:


What is bullshit? If an FFL accepts a transfer and enters it into their bound book and then is barred from tranferring the firearm to the receiving person what can they do? He seizes the firearm.


No, that is BS. We had this happen at work. A guy bought a gun on line. When he came in to pick up the gun, he failed the background check. However, the store owner offered to buy the gun from the guy, & it wasn't a total loss. Sure, the customer paid the on line store $400 for the gun, but the store owner where I work offered the guy $250 for his gun. The guy accepted the deal because $250 is better than nothing. Imagine this. Times are tough, & to get by you have to pawn a gun until your next paycheck. You go back to the pawn shop to get YOUR gun back, & fail the back ground check. You only needed $100 against your $600 gun, but now you can't get it back. What happens next? HMMMMMM. GARY N4KVE




The result is the same. The person takes a loss and the FFL puts the screws to them to make a extreme profit. About the same thing that is happening to the guy in the New York FFL thread. FFL refusing to do the transfer and won't release the rifle but will ship it to another FFL but first wants another transfer fee of $40.00. Holding the gun hostage. The pawn shop could sell the rifle on consignment and make the person whole.



haydendavid380
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Posted: 8/10/2012 11:49:27 AM
[Last Edit: 8/10/2012 11:52:14 AM by haydendavid380]
Originally Posted By dntama:
I would worry a little. You could get arrested for something minor like a speeding ticket on the way to the range. Your "assault weapon" then gets confiscated for further inspection where it found to be in violation on 922r. Or your guns get stolen and involved in a crime; Later the Feds come back to you for questions. Or you forget your gun is not 922r compliant and you sell it. Later that weapon is involved in a accident, crime whatever. You may legally be ok but can still be hassled and it may cost you money or your job to clear yourself and probably wont get your guns back either.


It's not my fault the thieves didn't use US made magazines.

Originally Posted By jonathon:
Any FFL that worries about 922 compliance on an assembled weapon they are transferring needs to pull their head out of their butt and actually learn the law. Again it has nothing to do with possession only the manufacture or assembly.


So post manufacture 922r doesn't apply? So I can use what ever stock/magazine combination I want?
Originally Posted By Dehammer:
I get tired of hearing all the drama of childbirth from women. I regularly take burrito dumps that require a midwife and whiskey.
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