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Posted: 3/8/2008 3:59:56 AM EDT
| Has anyone been checked or caught on not having enough U.S. made parts on their rifle? If so, was there any other violation to start an investigation, or did the officer/agent just say, "Hey, let's count parts"? |
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Once a gun is confiscated under PC for any reason, the chances are rather high that the LE agency, local or state, will have ATF take a look at it. This is where 922r would hit you. 922r specifically prohibits the action of assembling or reassembling a firearm in violation of 922r. Possession of such a gun is not a 922r violation itself, however the gun is still illegal and subject to permanent confiscation. Possession of sucha modified gun could be charged under a different law and while still being a felony, it would not technically be 922r-related. |
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I have yet to see a documented case of a standalone 922R prosecution. I can only recall two other cases of someone being charged with 922R. In both these instances, they were dog piled charges with the alleged offender facing more serious other charges also. LEO's and most rank and file ATF agents either do not look for it nor really care about it. I do not loose sleep over these issues. If I got the "hut hut" guys knocking in my door, I probably got worse issue to worrry about than being one compliance part off on any gun I may have. Hootbro |
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In a rifle, its difficult to prove and beyond most ATF guys expertise and way beyond 99% of LEOs. In the case of a non pre-ban Benelli shotgun with an illegal mag extension over 5 rounds & pistol grip, its really obvious from 30 feet away and WILL cause you to loose your gun at the very least, even if you escape eventual prosecution. "Compliance parts" for a benelli do not exist. Yet. |
I was at the fun show yesterday and a guy had about 4 FALS (century R1A1s) that all looked to be in violation to me, but short of breaking them down and him giving me honest answers I wouldn't know if I was walking away with an "illegal" firearm. Hell I am a LEO, know what it is, and still would not be able to check most guns. With the number of different firearms in different configurations that it applies to, no way. I have no business hassling someone over 922r. |
It's complicated enforcement there is no doubt to that, but I wouldn't want to risk it. I mean what's the gain vs. the potential loss? I mean nobody here is going to die if they don't have an SL8 or USR converted. I also wouldn't want to count on the ATF or state police being unwilling to inspect for that. You can bet if you have something really obvious like a G-36ish conversion or an USR to AUG conversion they're going to break the rifle down and take a look if they confiscated it based on some PC. My father has been a criminal defense attorney and has been doing federal cases for about 30 years and he has never seen a 922r charge. Still, why risk it? |
No doubt, going to fed prison is never worth the risk. Ever. |
Agreed - I heard on the net about L1A1s with selectors that move into the "full-auto" position & thought -"Ah-HA! violation!" Apparently its not so - those guns are legit semi autos just like its OK for Bushmaster USA to sell every single AR they make with a real M-16 full auto bolt carrier. I'm no FN-FAL expert, so it turns out I was wrong about the selector thing. Still as far as my own compliance, I have a wife & we have a kid on the way & a mortgage to pay; there's NO WAY I'm screwing around in even a grey area when it comes to compliance and guns. Better safe than sorry here. |
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