Foreign internal parts are illegal???


PDA






kal
June 24, 2005, 06:24 PM
I heard somewhere that if you were to install or even have foreign made internal parts for example, on a Saiga 223 rifle, you can go to prison. But if you have US parts, its OK. Whats going on here?

I've also heard that even if you have 1 foreign made internal part you can still go to prison fir having it. This doesnt make sense. :confused:

If you enjoyed reading about "Foreign internal parts are illegal???" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
Chipperman
June 24, 2005, 06:36 PM
Welcome to THR!

They are referring to the Import Ban.
The imporant thing is the parts count. Saying that you cannot have any foreign parts inside is not accurate.

jefnvk
June 24, 2005, 06:52 PM
Here is a good description, although it focuses on the SKS specifically: http://www.victorinc.com/SKS-FAQ.html#_Toc98250440

Basically, an imported gun that fits an unimportable config has to have less than 10 foreign parts to be legal.

TearsOfRage
June 24, 2005, 07:51 PM
Who ever said laws are supposed to make sense?

Brett Bellmore
June 24, 2005, 08:05 PM
Makes perfect sense; They got a kickback from somebody selling guns with 9 foreign parts, who was losing market share to somebody with 10. ;)

kal
June 24, 2005, 11:36 PM
I would like to ask, why are imported weapons banned?

And, if I was to go to my local Dunhams sporting goods store and purchase a Saiga or SKS for example, would they be legal? Or when they were imported, did they already take out a number of parts and switch them with US parts?

So many crappy laws, cant keep up with them! :fire:

MudPuppy
June 25, 2005, 10:18 PM
It comes down to an exectutive order, 922r:

(The saigas are considered sporting, I believe, and that--again, I *think* makes them exempt. Not sure about the SKS. And yeah, that order/ruling/law is complete BS and an outright attack on the Consititution.)

Legalese, for what it's worth:

http://www.atf.treas.gov/regulations/27cfr178.html


922 (r)
The Imported Parts Law(1990)
178.39 otherwise known as 922(r) 10 Foreign parts law on semiauto Rifles & Shotguns
http://www.atf.treas.gov/regulations/27cfr178.html
Sec. 178.39 Assembly of semiautomatic rifles or shotguns.
(a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes.
(b) The provisions of this section shall not apply to:
(1) The assembly of such rifle or shotgun for sale or distribution
by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or
(2) The assembly of such rifle or shotgun for the purposes of
testing or experimentation authorized by the Director under the
provisions of Sec. 178.151; or
(3) The repair of any rifle or shotgun which had been imported into or assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm.
(c) For purposes of this section, the term imported parts are:

(1) Frames, receivers, receiver castings, forgings or stampings
(2) Barrels
(3) Barrel extensions
(4) Mounting blocks (trunions)
(5) Muzzle attachments
(6) Bolts
(7) Bolt carriers
(8) Operating rods
(9) Gas pistons
(10) Trigger housings
(11) Triggers
(12) Hammers
(13) Sears
(14) Disconnectors
(15) Buttstocks
(16) Pistol grips
(17) Forearms, handguards
(18) Magazine bodies
(19) Followers
(20) Floorplates



*****THE "ASSault weapon ban is dead. 922v no longer applies*****
922 (v)
The Assault Weapon Ban(1994)
(v)(1) It shall be unlawful for a person to manufacture, transfer,
or possess a semiautomatic assault weapon.
(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection.
(3) Paragraph (1) shall not apply to--
(A) any of the firearms, or replicas or duplicates of the
firearms, specified in Appendix A to this section, as such firearms were manufactured on October 1, 1993;
(B) any firearm that--
(i) is manually operated by bolt, pump, lever, or slide
action;
(ii) has been rendered permanently inoperable; or
(iii) is an antique firearm;

(C) any semiautomatic rifle that cannot accept a detachable
magazine that holds more than 5 rounds of ammunition; or
(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.

The fact that a firearm is not listed in Appendix A shall not be
construed to mean that paragraph (1) applies to such firearm. No firearm exempted by this subsection may be deleted from Appendix A so long as this subsection is in effect.
(4) Paragraph (1) shall not apply to--
(A) the manufacture for, transfer to, or possession by the
United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State,or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);
(B) the transfer to a licensee under title I of the Atomic
Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor
of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement; or
(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.

921(a) (30) Definition of semiauto assault weapons
(30) The term ``semiautomatic assault weapon'' means--
(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as--
(i) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to)
the Street Sweeper and Striker 12;

(B) a semiautomatic rifle that has an ability to accept a
detachable magazine and has at least 2 of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the
action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to
accommodate a flash suppressor; and
(v) a grenade launcher;

(C) a semiautomatic pistol that has an ability to accept a
detachable magazine and has at least 2 of--
(i) an ammunition magazine that attaches to the pistol
outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel
extender, flash suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or
completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
(v) a semiautomatic version of an automatic firearm; and

(D) a semiautomatic shotgun that has at least 2 of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the
action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.

jefnvk
June 25, 2005, 11:37 PM
SKS is imported as C&R, that is why the parts don't need to be swapped out. It is also why, if the guns leave its original condition, the parts do need to be swapped out.

Cesiumsponge
June 26, 2005, 12:57 AM
If you plan to turn a sporting firearm like the Saiga series of rifles or shotguns, into something less sporting, then it no longer fits under the sporting clause and is subject to the 922r which requires 10 or less foreign parts.

If you settle on trying to convert a foreign sporting firearm into something less sporting, then you have to find out through the ATF how many parts they say the firearm consists of. Then replace enough to fall at 10 or less foreign parts.

A bunch of us Saiga 12 owners ended up getting a definitive answer from the ATF (I think 13 or 14 parts, I forgot, was a while back). With that information, we just replaced enough internals with US parts to get by.

HankB
June 26, 2005, 03:53 PM
It comes down to an exectutive order, 922r: 922(r) certainly exists, but I don't believe it's an executive order . . .

If you enjoyed reading about "Foreign internal parts are illegal???" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!