Posted: 3/23/2014 3:11:39 AM EDT
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I pretty much live in the Code of Federal Regulations (at work), but I can't figure out by what authority the ATF keeps out-of date regulations regarding "assault weapons" and "Large capacity ammunition feeding devices" in the CFR. (27 CFR 478)
Obviously, ATF longs for the good old days and hopes to get back there, but in the interim, without statutory authority, how can they continue to publish such trash? Manufacture, transfer, and possession of semiautomatic assault weapons. (a) Prohibition. No person shall manufacture, transfer, or possess a semiautomatic assault weapon. (b) Exceptions. The provisions of paragraph (a) of this section shall not apply to: (1) The possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed in the United States under Federal law on September 13, 1994; (2) Any of the firearms, or replicas or duplicates of the firearms, specified in 18 U.S.C. 922, appendix A, as such firearms existed on October 1, 1993; (3) Any firearm that— (i) Is manually operated by bolt, pump, lever, or slide action; (ii) Has been rendered permanently inoperable; or (iii) Is an antique firearm; (4) Any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; (5) Any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine; ------------------------ 478.40a Transfer and possession of large capacity ammunition feeding devices. (a) Prohibition. No person shall transfer or possess a large capacity ammunition feeding device. (b) Exceptions. The provisions of paragraph (a) of this section shall not apply to: (1) The possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on September 13, 1994; ------------------------ (3) Special markings for semiautomatic assault weapons, effective July 5, 1995. In the case of any semiautomatic assault weapon manufactured after September 13, 1994, you must mark the frame or receiver “RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY” or, in the case of weapons manufactured for export, “FOR EXPORT ONLY,” in a manner not susceptible of being readily obliterated, altered, or removed. For weapons manufactured or imported on and after January 30, 2002, the engraving, casting, or stamping (impressing) of the special markings prescribed in this paragraph (a)(3) must be to a minimum depth of .003 inch. (c) Large capacity ammunition feeding devices manufactured after September 13, 1994. (1) Each person who manufactures or imports any large capacity ammunition feeding device manufactured after September 13, 1994, shall legibly identify each such device with a serial number. Such person may use the same serial number for all large capacity ammunition feeding devices produced. (i) Additionally, in the case of a domestically made large capacity ammunition feeding device, such device shall be marked with the name, city and State (or recognized abbreviation thereof) of the manufacturer; (ii) And in the case of an imported large capacity ammunition feeding device, such device shall be marked (27 CFR 478.92): (A) With the name of the manufacturer, country of origin, and, (B) Effective July 5, 1995, the name, city and State (or recognized abbreviation thereof) of the importer. (iii) Further, large capacity ammunition feeding devices manufactured after September 13, 1994, shall be marked “RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY” or, in the case of devices manufactured or imported for export, effective July 5, 1995, “FOR EXPORT ONLY.” |