Posted: 9/27/2004 8:19:03 AM EDT
[#13]
Quoted:
Quoted: Ok so if its a pistol OR a registered SBR you do NOT have to have US parts??????
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SBR? Short barreled RIFLE. 922r applies
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While that may seem true simply based upon a plain reading of 922(r), BATF has issued an advisory opinion that NFA weapons are outside the purview of 922(r): From Bardwell:
DEPARTMENT OF THE TREASURY Bureau of Alcohol, Tobacco and Firearms Washington, D.C. 20226
MAR 22, 1994
LE:F:FE:RLB 3312.5
Mr XXX Address City, State
Dear Mr. XXX:
This refers to your letter of February 28, 1994, in which you inquire as to whether the making of certain National Firearm Act (NFA) weapons is prohibited by Title 18 United States Code (U.S.C.), Chapter 44, Section 922(r). The weapon in question is a FN/FAL type firearm having a barrel length of less than 16 inches which is assembled from an imported British L1A1 parts kit and a domestically manufactured frame or receiver.
Title 18 U.S.C., Chapter 44, Section 922(r) provides that it shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or shotgun which is identical to any rifle or shotgun prohibited from importation under 18 U.S.C., Chapter 44, Section 925(d)(3), as not being particularly suitable for or readily adaptable to sporting purposes.
However, the Bureau has previously determined that the lawful making of an NFA weapon would not violate Section 922(r), since the section only addresses the assembly of "nonsporting" firearms, and not the making of NFA weapons. Therefore, the lawful making of a short barreled rifle would not be precluded by Section 922(r).
If you decide to proceed with your project, it will be necessary for you to obtain prior approval by first submitting an ATF Form 1 (Application To Make and Register a Firearm) and paying the appropriate $200 making tax. Additional information relative to this procedure may be obtained from the following source:
Bureau of Alcohol, Tobacco and Firearms NFA Branch, Room 5300 650 Massachusetts Avenue, NW Washington DC 20026
We trust that the foregoing was responsive to your inquiry. If we may be of any further assistance, please contact us.
Sincerely yours, [signed] Edward M. Owen, Jr. Chief, Firearms Technology Branch
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Again, this is only an advisory opinion and it was not addressed to me or to you. Additionally its over 10 years old, so before proceeding with a build of an SBR or other NFA weapon with all imported parts it would be wise to get an advisory opinion of your own. My guess is that BATF has not changed their position on this issue, but its always better to be safe than sorry.
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