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11/22/2017 10:05:29 PM
Posted: 9/26/2004 10:56:43 AM EST
I'm having built a Krinkov pistol that I will finish, from KVar on a virgin OOW receiver. The Gun Smith tells me I don't need any US parts. Because its a pistol. And I believe him because he is "buy the book" kind of guy. But others have told me I need the 6 US parts and I have already have them. So I just want to be sure, can someone set me strait. Poll added.
Link Posted: 9/26/2004 12:59:12 PM EST
It is being built out of a foriegn parts kit, so you DO need US parts. On the bright side, you only need 5 because there is no stock

Mike
Link Posted: 9/26/2004 1:17:34 PM EST
I would think the parts count is not an issue for a pistol.


18 USC 922(r)
It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925(d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to -

(1)
the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or

(2)
the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General.



As a krink pistol is neither a rifle or shotgun, I fail to see how 922(r) is applicable.
Link Posted: 9/26/2004 1:25:17 PM EST

Originally Posted By shaggy:
I would think the parts count is not an issue for a pistol.


18 USC 922(r)
It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925(d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to -

(1)
the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or

(2)
the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General.



As a krink pistol is neither a rifle or shotgun, I fail to see how 922(r) is applicable.



This is correct as I understand it.
Link Posted: 9/26/2004 1:34:55 PM EST
I recognize you are only asking the question just to "be safe" but it kind of answers itself. As Shaggy posted, 922R only mentions "Rifle" and "Shotgun". If any further "proof" is needed actually look at pistols for sale. Sigs, Glocks and Taurus pistols for example do not have any "US parts" in them.

Lastly, if we are talking about a smith building the weapon, I could care less about "parts count" as long as he gives me a detailed bill. 922R only prohibits ASSEMBLY of a foreign rifle or shotgun. It does not prohibit posession or transfer of such a weapon. The licensed gunsmith is the one on the hook for an illegal build, not me.
Link Posted: 9/26/2004 2:01:15 PM EST

Originally Posted By rickinvegas:
I recognize you are only asking the question just to "be safe" but it kind of answers itself. As Shaggy posted, 922R only mentions "Rifle" and "Shotgun". If any further "proof" is needed actually look at pistols for sale. Sigs, Glocks and Taurus pistols for example do not have any "US parts" in them.

Lastly, if we are talking about a smith building the weapon, I could care less about "parts count" as long as he gives me a detailed bill. 922R only prohibits ASSEMBLY of a foreign rifle or shotgun. It does not prohibit posession or transfer of such a weapon. The licensed gunsmith is the one on the hook for an illegal build, not me.



Good point. But the work he is doing is the assembly of the barrel, riveting the front, rear blocks, trigger guard to the frame and head spacing. The rest I will be doing my self. So I don't know if he or I would be responsible. But I don't want either of us out side the law.
Link Posted: 9/26/2004 2:30:47 PM EST
Hmmmm.........could be. I stand corrected.

Mike
Link Posted: 9/26/2004 2:55:00 PM EST

Originally Posted By RS_Coyote:
Good point. But the work he is doing is the assembly of the barrel, riveting the front, rear blocks, trigger guard to the frame and head spacing. The rest I will be doing my self. So I don't know if he or I would be responsible



If thats the case then you would be responsible if it was a rifle but its not so it doesn't matter.
Link Posted: 9/26/2004 7:39:32 PM EST
Grrrrr........
Link Posted: 9/26/2004 8:21:02 PM EST
So is building a Krink as a pistol just invole not putting a stock on? Or is there anything special about them?
Link Posted: 9/26/2004 8:23:02 PM EST

Originally Posted By OsirisX:
So is building a Krink as a pistol just invole not putting a stock on?



Yep, thats it
Link Posted: 9/27/2004 4:25:53 AM EST
Ok so if its a pistol OR a registered SBR you do NOT have to have US parts??????
Link Posted: 9/27/2004 6:26:51 AM EST

Originally Posted By Jicky:
Ok so if its a pistol OR a registered SBR you do NOT have to have US parts??????



SBR? Short barreled RIFLE. 922r applies
Link Posted: 9/27/2004 7:19:03 AM EST
[Last Edit: 9/27/2004 7:19:58 AM EST by shaggy]

Originally Posted By rickinvegas:

Originally Posted By Jicky:
Ok so if its a pistol OR a registered SBR you do NOT have to have US parts??????



SBR? Short barreled RIFLE. 922r applies



While that may seem true simply based upon a plain reading of 922(r), BATF has issued an advisory opinion that NFA weapons are outside the purview of 922(r):

From Bardwell:



DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
Washington, D.C. 20226

MAR 22, 1994

LE:F:FE:RLB
3312.5

Mr XXX
Address
City, State

Dear Mr. XXX:

This refers to your letter of February 28, 1994, in which you
inquire as to whether the making of certain National Firearm Act
(NFA) weapons is prohibited by Title 18 United States Code
(U.S.C.), Chapter 44, Section 922(r). The weapon in question is a
FN/FAL type firearm having a barrel length of less than 16 inches
which is assembled from an imported British L1A1 parts kit and a
domestically manufactured frame or receiver.

Title 18 U.S.C., Chapter 44, Section 922(r) provides that it shall
be unlawful for any person to assemble from imported parts any
semiautomatic rifle or shotgun which is identical to any rifle or
shotgun prohibited from importation under 18 U.S.C., Chapter 44,
Section 925(d)(3), as not being particularly suitable for or
readily adaptable to sporting purposes.

However, the Bureau has previously determined that the lawful
making of an NFA weapon would not violate Section 922(r), since the
section only addresses the assembly of "nonsporting" firearms, and
not the making of NFA weapons. Therefore, the lawful making of a
short barreled rifle would not be precluded by Section 922(r).

If you decide to proceed with your project, it will be necessary
for you to obtain prior approval by first submitting an ATF Form 1
(Application To Make and Register a Firearm) and paying the
appropriate $200 making tax. Additional information relative to
this procedure may be obtained from the following source:

Bureau of Alcohol, Tobacco and Firearms
NFA Branch, Room 5300
650 Massachusetts Avenue, NW
Washington DC 20026

We trust that the foregoing was responsive to your inquiry. If we
may be of any further assistance, please contact us.

Sincerely yours,
[signed]
Edward M. Owen, Jr.
Chief, Firearms Technology Branch



Again, this is only an advisory opinion and it was not addressed to me or to you. Additionally its over 10 years old, so before proceeding with a build of an SBR or other NFA weapon with all imported parts it would be wise to get an advisory opinion of your own. My guess is that BATF has not changed their position on this issue, but its always better to be safe than sorry.
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