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11/22/2017 10:05:29 PM
Posted: 9/2/2004 5:14:12 AM EST
Gotta legal question fer you all. Been discussing the issue with gun store buddies, and we'd all like to know this:

Assume for a moment that the AWB has sunset. Would one be able to put a folding stock, or a pistol grip stock, or a bayonet lug on:

1) SKS-D?

2) Polytech M14?

If no, why not? If yes, what must be done to insure legality?

Thanks!

Link Posted: 9/2/2004 6:09:18 PM EST
They are 2 different laws. So as long as you keep Sec 922 Compliant there will be no problem.
Link Posted: 9/3/2004 4:51:37 AM EST

Originally Posted By BKinzey:
They are 2 different laws. So as long as you keep Sec 922 Compliant there will be no problem.



OK, cool. So, can you give me any more info about the details of 922 compliance? How many of the "evil features" can one have? And how do you make firearms 922 Compliant?

Link Posted: 9/3/2004 12:12:51 PM EST

Originally Posted By Corvus:

Originally Posted By BKinzey:
They are 2 different laws. So as long as you keep Sec 922 Compliant there will be no problem.



OK, cool. So, can you give me any more info about the details of 922 compliance? How many of the "evil features" can one have? And how do you make firearms 922 Compliant?




922(r) compliance requires that you cannot assemble, from more than 10 listed, imported parts, a firearm which would have been illegal to import in the assembled configuration.

Making a firearm 922(r) compliant usually requires removing foreign-made parts, such as pistol grips, handguards, stocks, bolts, gas pistons, etc, and replacing them with domestic-made alternatives, to bring the total imported parts count to 10 or fewer.

I don't have the parts list handy, but someone, somewhere, has probably done a breakdown of the parts count for both an M14S and an SKS-D.

By way of example, to make the Century/Romarm SAR series AK type rifles 922(r) compliant, the gas piston, hammer, trigger, disconnector and pistol grip of the original rifle are all replaced with US-made alternatives, and the rifles are then 922(r) compliant. Older Maadi AK types only had the hammer, trigger and disconnector replaced, which required the use of only magazines with US-made followers and floorplates (not all-foreign magazines) to make them 922(r) compliant.
Link Posted: 9/3/2004 1:01:51 PM EST
You are confusing the AWB with the 1986 ban on importation of non-sporting semiautomatic weapons.

The legislation we are concerned with is Title 18, Part I, Chapter 44, Section 922 of the US Code. This is why you hear people talking about "Section 922."

Section 922, part (r) says:
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.

Part (v) is the part that bans assault weapons, and reads in part:
(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.

(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection.

Part (w) applies to high-caps, and the relevant text reads, in part:

(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection.


The AWB will presumably sunset in about 9 days, so parts (v) and (w) will simply cease to apply, but that part (r) will stay in effect. WRT that part, the ATF and/or congress came up with the rule requiring a rifle to contain so many US-manufactured parts to define what is "domestic" as opposed to "imported." So, as I understand it, you can put the CAR stock on your poodle-shooter but unless that AK was either assembled before 922(r) was passed, you can't build it, period, unless it has the magic number of domestic parts. If you comply with 922(r), you're good to go, since (v) and (w) will no longer present any limitations on your configuration.

Sorry to be so long-winded, but I wanted to put the actual law out so people can read it if they want to.

I didn't have time to look up the text for the AWB expiring after ten years, but hopefully someone else can post that.
Link Posted: 9/3/2004 3:47:13 PM EST

Originally Posted By Model_One:
You are confusing the AWB with the 1986 ban on importation of non-sporting semiautomatic weapons.

The legislation we are concerned with is Title 18, Part I, Chapter 44, Section 922 of the US Code. This is why you hear people talking about "Section 922."

[snip]

The AWB will presumably sunset in about 9 days, so parts (v) and (w) will simply cease to apply, but that part (r) will stay in effect. WRT that part, the ATF and/or congress came up with the rule requiring a rifle to contain so many US-manufactured parts to define what is "domestic" as opposed to "imported." So, as I understand it, you can put the CAR stock on your poodle-shooter but unless that AK was either assembled before 922(r) was passed, you can't build it, period, unless it has the magic number of domestic parts. If you comply with 922(r), you're good to go, since (v) and (w) will no longer present any limitations on your configuration.



OK, thaks for the info.

And 922(r) was passed in what year again? I didn't think it was as early as 1986. Same year as the machinegun ban?

Link Posted: 9/9/2004 12:21:58 PM EST
I believe the original "non-sporting purposes" ban came in 1986, but there was tinkering after that with parts added/changed in 1989, and I think again in '92 or '94, can't remember.

Point is, as they say on the PSAs, "It's the Law."
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