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Posted: 4/27/2003 1:02:24 PM EDT
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I'm confused. Everything I've read, in the laws and in ATF letters, has stated that the '89 ban does not apply (both 922(r) or 925(d)(3)) to NFA firearms. So, why can't we import SBR HK94's? Sure we'd have a $200 tax and a 3-6 month wait, but we'd have the true German gun at a cost cheaper than most decent clones. I know they'd still be subject to the '94 ban, but without a threaded muzzle or collapsable stock they should be fine. I must be missing something, so someone please enlighten me. |
If you don't get the answer here post again in the Legal Forum. (Actually, I believe that forum is the proper place for this question.) |
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Tattoo is correct. The problem in importing SBR semi MP5 is that you run afoul of the GCA of 1968.(Gun Control Act) According to the GCA it makes it unlawful to import any firearm that does not meet a "sporting purpose" definition. This immediatley banned all importation of NFA firearms and created today what are know in the NFA world as Pre-May dealer samples. Basically any NFA firearm imported between 68 and 86 when the FOPA was passed banning the manufacture of machineguns for civilian consumption. The actual 89 import ban you are referring to is not actually a ban but an executive order (by then President Bush) for the ATF to reinterpret their "sporting purposes" definition of the GCA 68. At the time Uzi and AK were coming into the Country since they were standard title 1 firearms. After that first reinterpretation, you got neutered firearms with thumbhole stock and without flash suppressors. However for a time you could legally put the pistol grip and flash suppressor back on. Then in Nov of 90 a new reinterpretation came down that stated you could no longer "remanufacture"the gun into a evil configuration unless it met a definition of USA made. This led to the USA parts count fiasco that we have today. Clinton then expanded the import ban to include that any MG/SAW barrel or receiver (capable of accepting a high capacity mag) imported could no longer be used to build a new firearm, and now use see parts kits only for "repair and replacement only" This is the problem with the new AUG special recievers that were recently imported, they legally cannot be built into a new firearm even with all the rest of the parts being made here in the USA. They can only be used to replace a Pre-ban Aug receiver. So the problem lies in the fact that any SBR imported would be a C3 dealer Sample only or go to a LE agency. I would guess that a enterprising C2 could import a bunch of Pre-May Sample SBR MP5s, torch-cut the receiver into a non-firearm as per the ATF regulations and have the firearm removed from the NTFR. Then reweld the receiver back into a firearm, rebuild the gun using all the original parts and register it as a new USA manufactured SBR and sell it. (Similar to what C2s did with M16s and Thompsons prior to the 86 MG ban.) that were untransferable. Torch the reciever and then reweld it back and reregistered it as a new MG, and wholia a new transferable MG. Unfortunately the regulations regarding Torch cutting (especially a thin sheet metal HK receiver) would render it imposible or at least financially infeasbile to reweld the receiver into a useable firearm. Back in the 80s I beleive all that was required was bandsaw cutting the receiver, so there was much less damage done to repair. Alas, your best bet outside of purchasing a real 94 or SP89 would be to buy a Special Weapons receiver and use all real german HK parts to build it up and register it as a SBR, exempting it from the parts count rule. James Austin Texas |
im probley wrong but i thought only MG's and AOW's were exempt from the us parts count? not SBS's or SBS's..please correct me if im wrong. thanks ray |
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All NFA weapons are not subject to section 922r or the "import ban" Reason why directly from Bardwells site. Section 922(r) applies to guns not covered by the Crime Bill's ban on "semiautomatic assault weapons", for example an SKS rifle that uses a fixed magazine. And it does not apply to pistols, while the Crime Bill does. Section 922(r) does not cover weapons subject to the National Firearms Act, if you register a weapon as a short barreled rifle, for example, you may assemble it out of all imported parts, into a bad configuration, and ignore section 922(r). This is because section 922(r) does not cover weapons that are imported under a different provision of law than section 925(d)(3). NFA weapon import is regulated not in the GCA, but in the NFA, 26 U.S.C. section 5844. Also military Curio and Relic semi-auto long guns, like the Russian SKS, are not imported pursuant to section 925(d)(3), but rather pursuant to section 925(e)(1). Thus they can have a bayonet, while the non C&R Chinese SKS cannot. Link to full article. "what can I do to my SKS" http://www-2.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/semi_auto_faq.txt As for what you have to do to make a receiver a non-firearm, I beleive that changes daily with the ATFs mood. Just look at all the parts kits fiascos that are going on now with IO and Coles. It was scrap metal when imported, and then the ATF changed its mind and started rounding up kits. I beleive somewhere buried on the ATF site are the cut-specs for every type of receiver out there. The only thing that you can hope for is that HK builds a plant here in the US and starts cranking out US genuine HK receivers. James Austin, Texas |
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