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Posted: 1/3/2008 12:04:47 PM EDT
| I know it is the law regarding parts count on import rifles and all that jazz. My question is has anyone actually been charged with a violation, and what is the punishment? Is it a misdomeanor? felonly? civil infraction? |
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Felony 18 USC 922 laws are simply a statement of what will be an illegal activity. Once you are convicted of violating any of the activities covered under 18 USC 922 your sentence is determinative and is established by the Federal District Court Judge aided by use of the Federal Sentencing Guidelines. So you will know before the setence is imposed what your sentence will be instead of some indeterminate sentencing where there is a minimum or maximum sentence. The Guidelines look at two things: 1.) Conduct Associated with the offense. For example, did you just make an error with the parts count under 922r or did you illegal import an AK from Mexico or worse yet did you kill someone with said firearm. 2.) The Defendant's criminal history. A sentencing table uses the two above to show a range in months of your final sentence the Judge can impose. So it's all a points table deal that works out your final sentence. Very different, from state statutes where it will say a minimum of such and such. Below is a calculator you could use as a hypo to a hypothetical person's individual circumstances. www.sentencing.us/ Let us assume that you were a person with no felony convictions and that you simply converted an SL8 to G36ish rifle and messed up the parts count. Let us assume you were caught, but didn't do anything illegal other than the parts count miss. You end up with a sentence between 0-6 months and a fine between $500.00-$5,000.00. Of course, because of that conviction you will be a prohibited person from ever being able to possess a firearm again, which would be the greatest penalty. |
Not to grease the rails into an illegal activity, but the 922r violation is specifically in the action of conversion, not in the possession of such a gun. To be in clear violation of 922r, you'd need to be caught in the act of converting it. Possession of a 922r violating firearm is not a 922r violation itself, but you are still in possession of an illegal firearm subject to confiscation. |
Ok, where did I say that you would be in trouble for possession?  I said you covert it and you get caught. If your rifle is seized and it is suspected that you have violated 922(r) in converting it than it would not be too difficult to trace those parts to you and build a case where they can prove that you did in fact covert the rifle yourself. |
You didn't. And I never said you did either. Take it easy. Your post about sentencing guidelines goes hand in hand with this, that's all. Not beginning to talk about how to avoid getting caught, just stating the fact that possession of a 922r-violating firearm IS NOT itself a 922r violation. |
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