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1/25/2018 7:38:29 AM
Posted: 5/21/2003 4:22:51 AM EST
Some recent posts on this Forum have established that the members are extremely well-versed in the intricasies of the law and the Constitution.

I get the provisions of the AWB and the Import Ban confused. To add to this, weapons that used to be imported are more or less now manufactured in this country.

When the AWB sunsets, can we expect to see American-made AK-type, FAL-type, etc weapons with bayo lugs, bayo lugs and folding bayos, etc?

While the AWB sunset will not change the Import Ban, it will radically change our choices on domestic weapons, or am I wrong?

I look forward to the responses.


Link Posted: 5/21/2003 5:12:40 AM EST
[Last Edit: 5/21/2003 5:14:38 AM EST by shaggy]
The import ban and the '94AWB are two completely different things. Even if the ban is allowed to sunset, it won't significantly change what you can get as far as imported guns or class 3. Sure you'll be able to get your 30rd mags for what they [i]should[/i] cost, and you'll be able to put the evil features back on your post-ban neutered AR, but you won't see new AUG's, HK94's, Galils, and Valmets. The import ban will still apply so foreign guns that don't square with BATF's "sporting purpose" test will not be able to be imported. Similarly, even if you can get all the parts to build one here, 922(r) also will still apply to preclude you from assembling from parts a gun which would otherwise be prohibited to import. You'll be able to assemble an imported gun from parts, but you'll still have to comply with the 10-imported part count rule. So you'll be able to put an underfolder on your AK, for example, but to do so, you'll need some US manufactured parts. Don't get me wrong, I think it would be a great thing for it to sunset, but if you're thinking a sunset means you'll be able to buy a newly imported AUG or HK94, or if you expect to be able to buy a new M16A2 from Colt, you're going to be quite disappointed.
Link Posted: 5/21/2003 9:38:22 AM EST
Shaggy, Thanks for the help. Was the import ban an executive order, a BATFE ruling, or an act passed by Congress? Once the AWB dies, I don't see how there is a prohibition to the construction of anything. What is there to keep someone from assembling an AK-type and calling it an AmeriKa? The AWB prevents domestic construction of weapons with a combination of certain features. Even after it sunsets, will it be illegal to import an AR-type with pre-ban features but no longer illegal to build one? I understand I won't be able to import a folding stock MAK 90, but with the death of the AWB, why is it I will be able to build an AR with all the evil features and not an AK with all the evil features. Once you build the receiver in this country, how can a weapon be called an import? It is confusing, and confusion is dangerous.
Link Posted: 5/21/2003 3:07:57 PM EST
Volga - What you have to keep in mind is that there are two seperate laws at play here. The '94AWB and the so-called import ban. The import ban is really just a delegation of authority by Congress to the Secretary of the Treasury (who in turn directs BATF) to determine what can be imported and what cannot with regard to firearms. Thus, BATF gets to make the determination of what gets in and what doesn't. Their decision does not have to have anything to do with the '94AWB; although some of the factors that go into their decision overlap with the '94AWB. For the purpose of determining what guns can be imported, the law delegating the authority instructs the Secretary to use a 'sporting purpose' test; that is, if the Secretary determines the gun in question does not have a "sporting purpose" it is prohibited from importation. BATF uses a number of factors to make this determination and while some of them overlap with the '94AWB, they don't have to, and they are considered differently. For example, a thumbhole stock can make a gun more "sporting" for purposes of importing it, but the same thumbhole stock does nothing to get around the 'pistol grip protruding beneath the action' feature counted in the '94AWB. Now, on top of all that, Congress also passed a law to preclude someone from importing all the parts of an otherwise unimportable (non-sporting) firearm and assembling it here in the US. Thus, even though the '94AWB may go down without renewal, you won't be able to just add a bunch of Chinese parts and a Chinese folding stock to your MAK90. You can have the folding stock and threaded barrel w/flash supressor, but you'll still have to use a certain number of US made parts in it to be legal.
Link Posted: 5/21/2003 3:14:55 PM EST
Also forgot to mention... Because the so-called import ban really just delegates authority to BATF to decide what makes a firearm 'sporting' or not and thus importable, presidents can simply issue an exec. order to direct BATF to change the rules. Bush Sr. did it and Clinton also did it (twice, I think ).
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