Quoted:
Basically, if it's a semi-automatic assault weapon, under the law, you can't really make it "more" of a semi-automatic assault weapon.
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Anyone know if that's true??
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Pre-AWB sunset, in 2002, I was looking at building a 5.45 Krinkov SBR with all the evil features:
Removable Magazine in addition to:
Folding Stock
Pistol Grip
Threaded Muzzle
Unpinned Hider
Only problem - no pre-ban 5.45 rifles with which to use as the donor.
As was established by the ATF, building an NFA weapon such as an SBR, while removing the firearm from the purview of 922(r), did NOT remove the firearm from the purview of the AWB - i.e. newly created SBR's built on post-ban receivers could only have one "evil" feature.
If I had decided to go ahead with the build, a Krinkov SBR built on an OOW receiver (all that was really available at the time) would have required a brake, not a hider, being pinned on, and any folding stock permanently fixed, leaving the pistol grip as it's only "evil" feature.
.223/5.56 AK's are apparently quite easy to convert to 5.45, so it was suggested that I try to find myself a Norinco 84S, which came in two flavors - underfolder and fixed.
Both are pre-ban, both are already in "semi-automatic assault weapon" form, therefore, both could be used as the donor for my "evil" Krinkov.
The fixed stock 84S would have been the better choice between the two, for adding a side-folder, as the underfolder holes wouldn't have to be welded up.
The 84S fixed-stock had the following evil features:
Removable magazine in addition to:
Pistol Grip
Bayonet Lug
Threaded Muzzle
Unpinned Brake
Adding a folding stock to this rifle would have been completely legal, had I gone ahead with the project.
Unfortunately, I don't have any ATF letter, or reference to ATF ruling to back this up, but this was the accepted attitude and behavior prior to the ban's sunset, and the rules have gotten more lax, not more strict, so I don't see why this would have changed.
Remember though - the rifle would have had to have been in "semi-automatic assault weapon" PRIOR to the 1989 import ban to be exempt from 922(r).
This means that in addition to a removable magazine, it would have been required to have two or more of the following "evil" parts, prior to the 1989 import ban:
1> Folding or telescopic stock
2> Pistol grip protruding conspicuously beneath the stock
3> Bayonet mount
4> Flash suppressor
or threaded barrel (note that a permanently attached flash suppressor on a threaded muzzle does
NOT count as two parts, but that a flash suppressor
NOT permanently attached to a threaded muzzle
DOES count as two parts. A muzzle nut freely-attached to a threaded muzzle still renders the threaded muzzle as one countable "evil" part. A muzzle nut pinned/soldered onto the rifle renders the threaded muzzle as zero countable parts.)
5> Grenade launcher
An AK-style rifle with a thumbhole stock, bayonet lug, threaded muzzle and freely-removable flash hider would be considered a "semi-automatic assault weapon" - even now, you can't assemble such a rifle without maintaining parts compliance. If you had a way to thread the muzzle of a MAK-90, and attach a bayonet lug, you would be in violation of 922(r) unless you swapped out 5-6 imported parts with domestic parts.