www.atf.gov/firearms/saw-factsheet.htm

Text:

U.S. Department of Justice

Bureau of Alcohol, Tobacco,
Firearms and Explosives




--------------------------------------------------------------------------------

 Washington, DC 20226



CHANGES IN FEDERAL LAW AS OF SEPTEMBER 13, 2004
RELATING TO
SEMIAUTOMATIC ASSAULT WEAPONS (SAWs)

AND

LARGE CAPACITY AMMUNITION FEEDING DEVICES (LCAFDs)


GENERAL

As of September 13, 2004, the provisions of Public Law 103-322, the Violent Crime Control and Law Enforcement Act of 1994, covering semiautomatic assault weapons and large capacity ammunition feeding devices are no longer in effect. The regulations implementing these provisions also are no longer in effect.

Specifically, there is no longer a Federal prohibition on the manufacture, transfer, and possession of semiautomatic assault weapons and large capacity ammunition feeding devices.

There are no longer any marking requirements for semiautomatic assault weapons and large capacity ammunition feeding devices. Existing markings on firearms and magazines relating to law enforcement or government use may be disregarded.

There is no longer any Federal requirement for Federal firearms licensees to obtain certain documentation before transferring semiautomatic assault weapons and large capacity ammunition feeding devices to government agencies or law enforcement officers. However, any records obtained prior to September 13, 1994, pertaining to the sale or transfer of semiautomatic assault weapons must still be retained for a period of 5 years. See 27 CFR § 478.129(f). Moreover, records of importation and manufacture must be maintained permanently and licensees must maintain all other acquisition and disposition records for 20 years.

Licensees who provided letters of future intent to sell semiautomatic assault weapons and large capacity ammunition feeding devices to law enforcement agencies and other qualified customers are no longer obligated to comply with such letters.

Anyone who illegally possessed, manufactured, or transferred semiautomatic assault weapons or large capacity ammunition feeding devices before the bans sunset still have violated the law since their possession, manufacture, or transfer was illegal at the time.


IMPORTATION

The prohibition on the importation of non-sporting firearms under 18 U.S.C. section 922(l) and 925(d)(3) still applies.

Importation of large capacity ammunition feeding devices still is covered under the Arms Export Control Act. Therefore an approved permit still is required to import large capacity magazines.

Temporary importation of semiautomatic assault weapons and large capacity magazines is now lawful under the provisions of 27 CFR § 478.115(d) because temporary importations are not subject to the sporting purpose test.

Any importer who has a valid approved Form 6 import permit with a restriction related to the assault weapon ban should comply with the restriction because the weapons most likely are non-sporting.

Any importer who has a valid approved Form 6 import permit with a restriction related to large capacity ammunition feeding devices may disregard the restriction. Importers may apply for a new permit if they prefer.

ASSEMBLY OF NON-SPORTING SHOTGUNS AND SEMIAUTOMATIC RIFLES FROM IMPORTED PARTS

The prohibition on assembly of non-sporting shotguns and semiautomatic rifles from imported parts as provided under 18 U.S.C. § 922(r) and 27 CFR § 478.39 still applies.

SENTENCING ENHANCEMENTS

The sentencing enhancements for using semiautomatic assault weapons in a crime of violence or drug trafficking crime no longer are in effect. Similarly, the sentencing enhancements for semiautomatic assault weapons in the U.S. Sentencing Guidelines no longer are in effect.

LAW ENFORCEMENT OFFICERS AND POLICE DEPARTMENTS

Law enforcement officers and police departments who obtained semiautomatic assault weapons are no longer required to use such firearms only for official use.

Law enforcement officers and police departments may now sell or transfer semiautomatic assault weapons to persons who are not prohibited from receiving firearms.

Law enforcement officers and police departments may now sell or transfer large capacity ammunition feeding devices to anybody.

Signed statements that semiautomatic assault weapons and large capacity ammunition feeding devices will be used for official use are no longer required to be provided to Federal firearms licensees.

RETIRED LAW ENFORCEMENT OFFICERS

Federal law does not prohibit retiring law enforcement officers from keeping semiautomatic assault weapons or large capacity ammunition feeding devices.

Former law enforcement officers who received semiautomatic assault weapons on retirement may now transfer those firearms to persons who are not prohibited from receiving firearms. Transfer of large capacity ammunition feeding devices is no longer restricted.

NATIONAL FIREARMS ACT

All provisions of the National Firearms Act relating to registration and transfer of machineguns, short barreled rifles, weapons made from rifles, short barreled shotguns, weapons made from shotguns, any other weapons as defined in Title 26 U.S.C. section 5845(e), silencers, and destructive devices still apply.

Registered silencers can now be attached to semiautomatic rifles and pistols without creating a prohibited semiautomatic assault weapon.

USAS-12 and Striker12/Streetsweeper shotguns are still classified as destructive devices under ATF Rulings 94-1 and 94-2 and must be possessed and transferred in accordance with the NFA.

EFFECT ON STATE LAW

Expiration of the Federal law will not change any provisions of State law or local ordinances. Questions concerning State assault weapons restrictions should be referred to State and local authorities.

Also:
U.S. Department of Justice

Bureau of Alcohol, Tobacco,
Firearms and Explosives




--------------------------------------------------------------------------------

 Washington, DC 20226



Semiautomatic Assault Weapon (SAW) Ban

QUESTIONS & ANSWERS

September 13, 2004


Q: What was the semiautomatic assault weapon (SAW) ban?

A: The SAW ban was enacted on September 13, 1994, by PL 103-322, Title IX, Subtitle A, section 110105. The ban made it unlawful to manufacture, transfer, or possess SAWs. The law defines SAWs as 19 named firearms, as well as semiautomatic rifles, pistols, and shotguns that have certain named features. The ban was codified at 18 U.S.C. § 922(v). SAWs lawfully possessed on September 13, 1994 were not covered by the ban. There also were certain exceptions, such as possession by law enforcement.

Q: Was the SAW ban permanent?

A: No. The law enacting the ban provided that it would expire 10 years from the date of enactment, which was September 13, 1994. Therefore, effective 12:01 a.m. on September 13, 2004, the provisions of the law will cease to apply.

Q. What was the Large Capacity Ammunition Feeding Device (LCAFD) ban?

A: The LCAFD ban was enacted along with the SAW ban on September 13, 1994. The ban made it unlawful to transfer or possess LCAFDs. The law generally defined a LCAFD as a magazine, belt, drum, feed strip, or similar device manufactured after September 13, 1994 that has the capacity of, or can be readily restored or converted to accept, more than 10 rounds of ammunition. The ban was codified at 18 U.S.C.
§ 922(w). As with SAWs, there are certain exceptions to the ban, such as possession by law enforcement.

Q: Was the LCAFD ban permanent?

A: No. The LCAFD ban was enacted by the same law as the SAW ban. Therefore, like the SAW ban, it expires 10 years from the date of enactment. Therefore, effective 12:01 a.m. on September 13, 2004, the provisions of the law will cease to apply.

Q: What provisions of the Gun Control Act (GCA) besides the bans contained in sections 922(v) and (w) are no longer effective?

The definition provision for “semiautomatic assault weapon”, codified at 18 U.S.C. § 921(a)(30).


The penalty provision for violating 922(v), codified at 18 U.S.C. § 924(a)(1)(B).


The penalty provision for violating 922(v) during the commission of a crime of violence or drug trafficking offense, codified at 18 U.S.C. § 924(c)(1)(B);


The requirement that SAWs and LCAFDs manufactured after September 13, 1994, be marked with a date of manufacture next to the serial number, codified in 18 U.S.C. § 923(i). (ATF regulations (27 C.F.R. § 478.92(a)(2)) implement section 923(i) and require, effective July 5, 1995, SAWs and LCAFDs manufactured after September 13, 1994 to be marked “Restricted law enforcement/government use only” or, for weapons manufactured for export, “For export only”. These requirements also are no longer in effect.)
Q: Does expiration of the ban affect records maintained by licensed manufacturers, importers and dealers?

A. Yes. Federal firearms licensees are no longer required to collect special records regarding the sale or transfer of SAWs and LCAFDs for law enforcement or government sales. However, existing records on SAWs and LCAFDs must still be maintained for a period of 5 years. Moreover, records of importation and manufacture must be maintained permanently and licensees must maintain all other acquisition and disposition records for 20 years.

Q: Are SAWs and LCAFDs marked “Restricted law enforcement/government use only” or “For export only” legal to sell to civilians in the United States?

A: Yes. SAWs and LCAFDs are no longer prohibited. Therefore firearms with the restrictive markings are legal to transfer to civilians in the United States and it will be legal for non-prohibited civilians to possess them. All civilians may possess LCAFDs.

Q: Does the expiration of the SAW ban and the LCAFD ban affect importation?

A: LCAFDs are no longer prohibited from importation but they are still subject to the provisions of the Arms Export Control Act. An approved Form 6 import permit is still required. Non-sporting firearms are still prohibited from importation under sections 922(l) and 925(d)(3) of the GCA. Because the vast majority of SAWs are nonsporting, they generally cannot be imported.

If an importer has an approved Form 6 import permit for LCAFDs with a restriction stamp on it related to the ban, the importer may import LCAFDs using the permit and disregard the restriction stamp. Importers may apply for a new permit if they prefer. If an importer has an approved Form 6 import permit for SAWs with a restriction stamp on it related to the ban, the importer should comply with the restriction because the firearms most likely are nonsporting.

Temporary importation of SAWs and LCAFDs is now lawful under the provisions of Title 27, CFR, section 478.115(d) because firearms that are temporarily imported are not required to meet sporting purpose requirements.

Q: Does the expiration of the SAW ban change laws regarding assembly of nonsporting shotguns and semiautomatic rifles from imported parts?

A: No. The provisions of section 922(r) of the GCA and the regulations in 27 CFR 478.39 regarding assembly of non-sporting shotguns and semiautomatic rifles from imported parts still apply.

Q. Does the expiration of the SAW ban affect firearms under the National Firearms Act?

A: All provisions of the National Firearms Act (NFA) relating to registration and transfer of machineguns, short barreled rifles, weapons made from rifles, short barreled shotguns, weapons made from shotguns, any other weapons as defined in 26 USC section 5845(e), silencers, and destructive devices still apply. However, it is now lawful to possess NFA firearms that are also semiautomatic assault weapons, as long as all provisions of the NFA are satisfied.

USAS-12 and Striker12/Streetsweeper shotguns are still classified as destructive devices under ATF Rulings 94-1 and 94-2 and must be possessed and transferred in accordance with the NFA.

Q: Can tribal law enforcement entities now possess SAWs and LCAFDs?

A: Yes.

Q: Does the expiration of the ban affect State law?

A: Expiration of the federal law will not change any provisions of State law or local ordinances. Questions concerning State assault weapons restrictions should be referred to State and local authorities.

Q: Whom should I call if I have a question?

A: Your local ATF office.

Hey!

Yahoooo...

That makes me feel all warm and fuzzy inside.  Especially the part about marked items (LEO, Govt only)

Temporary importation of SAWs and LCAFDs is now lawful under the provisions of Title 27, CFR, section 478.115(d) because firearms that are temporarily imported are not required to meet sporting purpose requirements.

What the heck does this mean?  

Hey!

I dunno? How do you "temporarily import" something? Bring it into the country then send it back in a couple weeks?

Quoted: Hey! I dunno? How do you "temporarily import" something? Bring it into the country then send it back in a couple weeks?

Well, there's that or there is importing something non-sporting for long enough to alter it so its no longer considered "imported" by replacing parts with US parts.  If that is now legal, we may actually see the Uzis and AKs that the Brady gang are so terrified about.

I think "temporarily imported" would be like if somebody from another country comes here for a few weeks to attend a class at Gunsite or Thunder Ranch and brings their boom sticks with them.