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I still wonder what the deal is with the apparent lack of USA markings on what should be 922r is.
There is no requirement to have 922(r) compliance parts marked. 922(r) is a disaster.
So without incriminating ones self, how could ATF successfully convict anyone of a 922(r) violation?
ETA: Not that i'm disagreeing with you.
They certainly could. It really wouldn't be that difficult to determine if a part is OEM or aftermarket.
Wouldn't it be the burden of the .gov to prove that the non-marked part was in fact made outside the US?
The 922r violation would be in the act of assembling such a firearm, but as part of such a trial they would indeed need to establish that the gun was assembled in violation and that you in fact did it. Proving that the parts were OEM imported would be fairly easy. The parts won't be exactly the same; geometry, metallurgy and finish will all be different.
The crime is to assemble it, not to posses it. So, yes the Feds would have to prove you assembled it. They would also have to prove you knew the parts were not US parts unless you were dumb enough to blurt it out or they railroaded you with a lazy Federal judge that assumes you're guilty and gags your defense.
Barring some super science CSI nonsense, I can't tell a TAPCO hammer for an AK from Chinese / Hungarian / Bulgarian / East German / Romanian (etc) hammer - unless it says "TAPCO USA" on it. Maybe the FBI crime lab can determine that this is made from steel produced in the Soviet Union in 1972 and this is made from steel made in Japan in 2001.
I have a US-made (supposedly) Tantal brake and the brake that came with my Tantal kit. They are identical - the US-made one is unmarked but has a nice finish and the Polish one is worn.
And since the BATFE has never hauled Joe Sixpack off the street because his WASR-10 has the wrong stock on it the courts have never addressed it. 922(r) is a enforcement disaster - especially when assemble / manufacture is thrown in the mix.
The BATFE is currently having to explain what manufacturing is versus conversion, etc. in US v. Clark.