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Posted: 9/13/2004 7:40:55 AM EDT
Good morning,

I've been hearing the news this morning and have caught some errors in the reports.

First, the ban expired at 12:01 a.m. this morning Sept. 13th. Not tomorrow.

Second, the gentleman commenting from Denver I presume also is erring in his statements. He makes it sound as if fully automatic firearms will "once again" be legal. The expired ban had nothing to do with fully automatic guns. It was all about semiauto guns that merely looked like the full auto military guns. This is a "switch and bait" tactic the antigun groups like to use to confuse the issue.

The following is an open letter to Federal Firearms License (FFL) holders or dealers from the Bureau of Alcohol, Tobacco, Firearms and Explosives, formerly the BATF. It explains what the law covered and what it's expiration means.

U.S. Department of Justice

Bureau of Alcohol, Tobacco,
Firearms and Explosives

Washington, DC 20226


September 13, 2004


The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is committed to keeping industry members informed of statutory and regulatory developments affecting them. In furtherance of this commitment, we have prepared this open letter, which contains information about recent changes that may affect your day-to-day operations and/or long range plans.

Sunset of Bans on Semiautomatic Assault Weapons and Large Capacity Ammunition Feeding Devices

On September 13, 1994, Congress passed the Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322. Title IX, Subtitle A, Section 110105 of this Act generally made it unlawful to manufacture, transfer, and possess semiautomatic assault weapons (SAWs) and to transfer and possess large capacity ammunition feeding devices (LCAFDs). The law also required importers and manufacturers to place certain markings on SAWs and LCAFDs, designating they were for export or law enforcement/government use. Significantly, the law provided that it would expire 10 years from the date of enactment. Accordingly, effective 12:01 a.m. on September 13, 2004, the provisions of the law will cease to apply. This open letter is to advise the import community of the effect of this on importations.

Importation of Semiautomatic Assault Weapons

There is no longer a Federal prohibition on the manufacture, transfer and possession of SAWs.

Nonsporting firearms are still prohibited from importation under 18 U.S.C. sections 922(l) and 925(d)(3). Because the vast majority of SAWs are nonsporting, they generally cannot be imported.

SAWs no longer have to be marked “restricted law enforcement/government use only” or “export only.” However, if an importer has an approved Form 6 import permit for SAWs with a restriction stamp on it related to the ban, the importer should comply with the restriction because the firearms most likely are nonsporting.

SAWs may be imported into a Customs Bonded Warehouse or Foreign Trade Zone because the sporting purposes test does not apply to these imports.

SAWs may be temporarily imported under the provisions of 27 CFR section 478.115(d) because firearms that are temporarily imported are not required to meet the sporting purposes test. Importation of Large Capacity Ammunition Feeding Devices

LCAFDs are no longer prohibited from importation. However, they are still subject to the provisions of the Arms Export Control Act. Therefore an approved Form 6 import permit is still required.

LCAFDs will no longer have to be marked “restricted law enforcement/government use only” or “export only” and importers no longer have to collect documentation that demonstrates imports are for government sale. However, any existing records still must be maintained for a period of 5 years. See 27 CFR section 478.40a. Moreover, importers are still required to maintain their acquisition records permanently and disposition records for 20 years.

If an importer has an approved Form 6 import permit for LCAFDs with a restriction stamp on it related to the ban, the importer may import LCAFDs using the permit and disregard the restriction stamp. However, importers may apply for a new permit if they prefer. Please note:

The provisions of 18 U.S.C. section 922(r) and 27 CFR 478.39 regarding assembly of nonsporting shotguns and semiautomatic rifles from imported parts still apply.

All provisions of the National Firearms Act (NFA) relating to registration and transfer of machineguns, short barreled rifles, weapons made from rifles, short barreled shotguns, weapons made from shotguns, any other weapons as defined in 26 USC section 5845(e), silencers, and destructive devices still apply.

USAS-12 and Striker 12/Streetsweeper shotguns are still classified as destructive devices under ATF Rulings 94-1 and 94-2 and must be possessed and transferred in accordance with the NFA. We recognize that you may have ATF correspondence and publications that contain obsolete information. For example, a July 30, 2002 open letter discussed the importation of pre-September 13, 1994 large capacity magazines. This section of the open letter no longer must be complied with. Similarly, the ATF Federal Firearms Regulations Reference Guide and the ATF Guidebook: Importation &Verification of Firearms, Ammunitions &Implements of War contain some information that now is incorrect. We will update these publications as soon as possible. Moreover, we will provide up-to-date information on our website: www.atf.gov.

Maintaining open lines of communication is vital to the successful future of ATF’s partnership with the import community. The Firearms and Explosives Imports Branch is available to answer your questions about the issues addressed in this letter. You may reach us by phone at 202-927-8320 or by fax at 202-927-2697.

for Audrey Stucko,
Chief, Firearms and Explosives
Services Division

Thank you for your time.

Bumblebee Bob

I thought I would point out a couple of flaws in their report. Sometimes you just get tired of hearing the same old lies. I figured the local station would be more receptive than wasting my time and breath on a national outlet.

Also thought I'd go a bit easy. Load them down with too much info, like trying to explain the 1934 NFA, would be overload. But if they answer back asking questions then I can give them more. Spoon feed a little at a time, as it were.

If they send me a response or change their newscast I'll post it.

Link Posted: 9/13/2004 9:34:50 AM EDT
Partial victory, maybe?

I sent the e-mail at 8:27am.

At the 9:00 and 10:00 newscast all they said was "Law enforcement officials are concerned about the expiration of the Federal Assault Weapons Ban."

No more of the blurb with the guy continuing the lies. Or even that the ban "expires tonight" like they previously stated. And they bumped it from the #1 spot to the third or fourth.

The noon broadcast will be about 20mins rather than 5min. So maybe they'll do a more accurate statement.
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