Question regarding 922(r)


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LAR-15
July 29, 2005, 11:38 AM
Can police departments import for their use completely assembed semi auto only Sig 550s, Steyr AUGs, Valmets, ect?

Or do they have to have an importer import the parts and then sell them the rifle after it is assembled in the US?

Thanks

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buzz_knox
July 29, 2005, 11:46 AM
Gov't agencies are largely exempted from gun control laws.

saltydog
July 29, 2005, 09:37 PM
Gov't agencies are largely exempted from gun control laws

Totally Right. Most all gun laws do not apply to the Government, Police nor Criminals at what they can or can't do with any type of weapon, etc. Gun Laws were only directed toward the Law abiding American people as they were originally intended. :barf:

beerslurpy
July 29, 2005, 10:26 PM
Yeah, the police and various federal LEOs in DC are armed with MP5s, P90s and G36Ks. These guns are prohibited to civilians because of the 89 ban, the 86 ban and of course the total DC ban on keeping OR bearing arms. So yeah, I think that the govt probably remembered to exempt itself from all the laws.

Which is total BS IMO. I should be able to buy anything the government can. If they dont want me to own WMD they should pass a constitutional amendment reserving that right to congress.

CentralTexas
July 30, 2005, 12:42 AM
What Slurpy said....
CT

LAR-15
July 30, 2005, 06:10 PM
Uhhhhhh I'm talking about semi automatic non NFA weapons.


Can they import say a semi auto ONLY Steyr AUG with a 21" barrel?

buzz_knox
July 30, 2005, 10:18 PM
Like I said, they are exempt from gun control laws. So if they want to import anything, they can. It can be full auto, illegal to sell as "unsafe for civilians," non-sporting, whatever. Their status as a gov't entity specifically exempts them from the law.

The actual way it works is that some firm here in the US imports the weapon on their behalf. All those "evil" weapons are already here, waiting for the use of those deemed "trustworthy" with them.

LAR-15
July 31, 2005, 02:35 PM
But back to my question. I can find NOTHING in US law that says they can.

The NFA allows them to import NFA weapons but there is nothing that authorizes them to import 'non sporting' firearms that are not subject to the NFA.

An importer can import them as parts and sell them but that is it.

DeseoUnTaco
July 31, 2005, 03:26 PM
My understanding is that a gun is either NFA, or it isn't NFA. For example, during the Clinton Assault Weapons Ban, it would be perfectly legal and fine to make a SBR, but it would be impossible to make a high-capacity magazine, because SBRs were under the NFA (which takes them out of the AWB), whereas magazines are not covered by the NFA.

By the same logic, you are right: police can import NFA weapons, but non-NFA weapons are still covered by all the same nonsense that cover everything else.

It would be great to arrest anyone who is committing gun smuggling crimes, especially if that person is named Bill Lockyear.

Is there any jurisdiction where a private citizen could act as a prosecutor on behalf of the people? This seems like something where a grand jury could be convened to investigate it and hopefully return an indictement.

buzz_knox
July 31, 2005, 03:48 PM
On second thought, it's not worth it.

El Tejon
July 31, 2005, 03:54 PM
LAR, actually it's the SSA which allows the importation for law enforcement. As well, check the CFRs in addition to "the law", i.e. the USC regarding the importation of non-select fire non-sporting weapons.

To use buzz's example regarding Glock pistols (M25 und M28), "the law" does not allow the importation of non-sportin' pistolas, but the CFRs sure do for the boys in blue (and brown, green, and that mustard colour, y'all wear down souf).

LAR-15
July 31, 2005, 10:31 PM
Pardon my extreme ignorance but what is the SSA and CFRs?

Thanks

El Tejon
August 1, 2005, 09:24 AM
SSA=Safe Streets Act of 1968 (also known as the "Gun Control Act of 1968), recodified the NFA as Title II.

CFR=Code of Federal Regulations, this is the redtape (administrative code) allegedly authorized by Congressional statute. This is where the "sporting test" for pistols, or semi-auto rifles is found, not the United States Code.

Professor Krent, my admin law prof, used to joke that people would make manifestos as "the law sez X or the law's the law". His reply,"well, did you check the CFRs"? :D

beerslurpy
August 1, 2005, 10:10 AM
The actual test is in the CFRs, but the basis for the existance of the test is in a bunch of places, mostly 922, 923, 925 and some in the tax code. They delegate authority to define sporting purposes to the "Secretary of the Treasury" which leads to the creation of CFRs. The solution to our problems is still legislative.

Kurush
August 1, 2005, 12:01 PM
The words "sporting purpose" are in the USC in numerous places. There's actually a sticky post on this forum about a bill to remove the words. Where the ATF, and thus the CFR, enters into this is that under the Clinton administration the ATF conducted an alleged "study" that concluded that "assault weapons" have no sporting purpose. ATF then issued a ruling that ugly guns did not meet the "sporting purpose" test and could not be imported.

The text of the study can be read here (http://www.atf.gov/pub/treas_pub/assault_rifles/index.htm).

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