Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 9/12/2004 8:22:55 PM EDT
Straight from the ATF:

Semiautomatic Assault Weapon Update

By statute, the prohibitions relating to semiautomatic assault weapons and large capacity ammunition feeding devices expired on September 13, 2004. As a result, certain sections of the Gun Control Act, 18 U.S.C. Chapter 44, and its implementing regulations, 27 CFR Part 478, are no longer in effect.


www.atf.gov/

www.atf.gov/firearms/091304openletter.htm


ATF Seal

U.S. Department of Justice

Bureau of Alcohol, Tobacco,
Firearms and Explosives


 

Washington, DC 20226

www.atf.gov


September 13, 2004

OPEN LETTER TO FEDERALLY LICENSED FIREARMS IMPORTERS
AND REGISTERED IMPORTERS OF U.S. MUNITIONS IMPORT LIST
ARTICLES

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is committed to keeping industry members informed of statutory and regulatory developments affecting them. In furtherance of this commitment, we have prepared this open letter, which contains information about recent changes that may affect your day-to-day operations and/or long range plans.

Sunset of Bans on Semiautomatic Assault Weapons and Large Capacity Ammunition Feeding Devices

On September 13, 1994, Congress passed the Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322. Title IX, Subtitle A, Section 110105 of this Act generally made it unlawful to manufacture, transfer, and possess semiautomatic assault weapons (SAWs) and to transfer and possess large capacity ammunition feeding devices (LCAFDs). The law also required importers and manufacturers to place certain markings on SAWs and LCAFDs, designating they were for export or law enforcement/government use. Significantly, the law provided that it would expire 10 years from the date of enactment. Accordingly, effective 12:01 a.m. on September 13, 2004, the provisions of the law will cease to apply. This open letter is to advise the import community of the effect of this on importations.

Importation of Semiautomatic Assault Weapons

   * There is no longer a Federal prohibition on the manufacture, transfer and possession of SAWs.

   * Nonsporting firearms are still prohibited from importation under 18 U.S.C. sections 922(l) and 925(d)(3). Because the vast majority of SAWs are nonsporting, they generally cannot be imported.

   * SAWs no longer have to be marked “restricted law enforcement/government use only” or “export only.” However, if an importer has an approved Form 6 import permit for SAWs with a restriction stamp on it related to the ban, the importer should comply with the restriction because the firearms most likely are nonsporting.

   * SAWs may be imported into a Customs Bonded Warehouse or Foreign Trade Zone because the sporting purposes test does not apply to these imports.

   * SAWs may be temporarily imported under the provisions of 27 CFR section 478.115(d) because firearms that are temporarily imported are not required to meet the sporting purposes test.

Importation of Large Capacity Ammunition Feeding Devices

   * LCAFDs are no longer prohibited from importation. However, they are still subject to the provisions of the Arms Export Control Act. Therefore an approved Form 6 import permit is still required.

   * LCAFDs will no longer have to be marked “restricted law enforcement/government use only” or “export only” and importers no longer have to collect documentation that demonstrates imports are for government sale. However, any existing records still must be maintained for a period of 5 years. See 27 CFR section 478.40a. Moreover, importers are still required to maintain their acquisition records permanently and disposition records for 20 years.

   * If an importer has an approved Form 6 import permit for LCAFDs with a restriction stamp on it related to the ban, the importer may import LCAFDs using the permit and disregard the restriction stamp. However, importers may apply for a new permit if they prefer.

Please note:

   * The provisions of 18 U.S.C. section 922(r) and 27 CFR 478.39 regarding assembly of nonsporting shotguns and semiautomatic rifles from imported parts still apply.

   * All provisions of the National Firearms Act (NFA) relating to registration and transfer of machineguns, short barreled rifles, weapons made from rifles, short barreled shotguns, weapons made from shotguns, any other weapons as defined in 26 USC section 5845(e), silencers, and destructive devices still apply.

   * USAS-12 and Striker 12/Streetsweeper shotguns are still classified as destructive devices under ATF Rulings 94-1 and 94-2 and must be possessed and transferred in accordance with the NFA.

We recognize that you may have ATF correspondence and publications that contain obsolete information. For example, a July 30, 2002 open letter discussed the importation of pre-September 13, 1994 large capacity magazines. This section of the open letter no longer must be complied with. Similarly, the ATF Federal Firearms Regulations Reference Guide and the ATF Guidebook: Importation & Verification of Firearms, Ammunitions & Implements of War contain some information that now is incorrect. We will update these publications as soon as possible. Moreover, we will provide up-to-date information on our website: www.atf.gov.

Maintaining open lines of communication is vital to the successful future of ATF’s partnership with the import community. The Firearms and Explosives Imports Branch is available to answer your questions about the issues addressed in this letter. You may reach us by phone at 202-927-8320 or by fax at 202-927-2697.



Signature of Kenneth Hourchens
for Audrey Stucko,
Chief, Firearms and Explosives
Services Division

Download the PDF Version




Link Posted: 9/12/2004 8:26:04 PM EDT
[#1]



And they didn't even assault a compound today!

Link Posted: 9/12/2004 8:29:23 PM EDT
[#2]
Link Posted: 9/12/2004 8:29:31 PM EDT
[#3]
Damn!  Why couldn't the ATF have posted this a few weeks ago?  It would have saved a ton of bandwidth explaining the obvious to people who can't read a calendar.
Link Posted: 9/12/2004 8:32:32 PM EDT
[#4]
Link Posted: 9/12/2004 8:32:32 PM EDT
[#5]
[steve martin] I've got happy feet! [/steve martin]


Woody
Link Posted: 9/12/2004 8:33:52 PM EDT
[#6]
Link Posted: 9/12/2004 8:33:54 PM EDT
[#7]

* LCAFDs are no longer prohibited from importation.


Cool!  HK M16 mags anyone?
Link Posted: 9/12/2004 8:33:57 PM EDT
[#8]
Link Posted: 9/12/2004 8:34:41 PM EDT
[#9]
I have never used this image, only because I believe it should be used sparingly, and only to be used as a gesture of great enthusiasm.  That being said.......


Link Posted: 9/12/2004 8:34:47 PM EDT
[#10]
I don't trust the Fockers...

[loud voice]Ma...get the kids and dog into the bunker!!![/loud voice]
Link Posted: 9/12/2004 8:35:43 PM EDT
[#11]
tagged
Link Posted: 9/12/2004 8:37:11 PM EDT
[#12]
#  Nonsporting firearms are still prohibited from importation under 18 U.S.C. sections 922(l) and 925(d)(3). Because the vast majority of SAWs are nonsporting, they generally cannot be imported.


That's the part that'll still bite us in the ass.
Link Posted: 9/12/2004 8:38:00 PM EDT
[#13]
Link Posted: 9/12/2004 8:38:25 PM EDT
[#14]
Link Posted: 9/12/2004 8:41:44 PM EDT
[#15]

Quoted:
#  Nonsporting firearms are still prohibited from importation under 18 U.S.C. sections 922(l) and 925(d)(3). Because the vast majority of SAWs are nonsporting, they generally cannot be imported.


That's the part that'll still bite us in the ass.



Nothing that a few US parts won't fix. From the ATF FAQ on the sunset:


#


# SAWs may be imported into a Customs Bonded Warehouse or Foreign Trade Zone because the sporting purposes test does not apply to these imports.





Bring 'em in and Americanize them.
Link Posted: 9/12/2004 8:44:43 PM EDT
[#16]
I can't believe no one has said it yet.......

"It's a Trap!"
Link Posted: 9/12/2004 8:45:00 PM EDT
[#17]
We have been reunited with a sliver of our freedoms that have been taken away over the years. Gentleman please do not give it up again with out one hell of a fight.!

Enjoy it!
CH
Link Posted: 9/12/2004 8:45:36 PM EDT
[#18]
Tag
Link Posted: 9/12/2004 8:46:45 PM EDT
[#19]
Link Posted: 9/12/2004 8:49:27 PM EDT
[#20]

Quoted:
I can't believe no one has said it yet.......

"It's a Trap!"




IT'S A SUNSET!!!

Link Posted: 9/12/2004 8:50:43 PM EDT
[#21]
Link Posted: 9/12/2004 8:50:43 PM EDT
[#22]
So, what was banned?
Link Posted: 9/12/2004 8:57:00 PM EDT
[#23]
Link Posted: 9/12/2004 9:01:10 PM EDT
[#24]



Thank mother liberty and all of you who instilled pressure upon the lawmakers.  Congratulations!

Link Posted: 9/12/2004 9:06:08 PM EDT
[#25]
Oh happy day!
Link Posted: 9/12/2004 9:12:25 PM EDT
[#26]


Happy Dance
Link Posted: 9/12/2004 9:18:43 PM EDT
[#27]
I'm printing that letter and framing it and then putting it over my gun safe.
Link Posted: 9/12/2004 9:23:32 PM EDT
[#28]
So, does that mean collapsibles can be put on postban guns?
Does that mean G-36 magazines can be imported?
Link Posted: 9/12/2004 9:23:43 PM EDT
[#29]
* There is no longer a Federal prohibition on the manufacture, transfer and possession of SAWs.

No longer a prohibition on possession of SAWs?   Sweet, just what I've been waiting for all these years!



Link Posted: 9/12/2004 9:30:18 PM EDT
[#30]
tagged!!!!
Link Posted: 9/12/2004 9:33:06 PM EDT
[#31]
I want a SAW!
Link Posted: 9/12/2004 9:33:41 PM EDT
[#32]
tagged
Link Posted: 9/12/2004 9:39:25 PM EDT
[#33]
fix bayonettes !!!!!!



I WANT TO BUY 12 brand new,not even a week old hi-cap mags!!!


SCREW YOU BILL CLINTON!!!!!!!


WE WIN, YOU LOOSE!!!!!!!!!


HAHA
Link Posted: 9/12/2004 10:08:37 PM EDT
[#34]

Quoted:

WE WIN, YOU LOOSE!!!!!!!!!


HAHA

now you've done it
Link Posted: 9/12/2004 10:40:03 PM EDT
[#35]
Can we sue the people that signed this into law for violating our civil rights? [God given]
Link Posted: 9/12/2004 10:50:09 PM EDT
[#36]
I am toasting a Guinness to everyone here in celebration!

Link Posted: 9/12/2004 10:52:25 PM EDT
[#37]
tagged
Link Posted: 9/12/2004 11:04:44 PM EDT
[#38]

Quoted:


And they didn't even assault a compound today!




Today was a good day.
Even saw the lights of the Goodyear Blimp
And it read Ice Cube's a pimp
Link Posted: 9/12/2004 11:10:24 PM EDT
[#39]
Link Posted: 9/12/2004 11:59:22 PM EDT
[#40]
tagged
Link Posted: 9/13/2004 12:07:08 AM EDT
[#41]
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top