AWB scholars. Help!


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submin
June 2, 2004, 01:34 PM
Hi guys.

I'm having a discussion on another board and I need help finding the truth. The discussion centers around .22 lr semi automatic rifles. The other poster claims that .22 lr rifles are exempt from the legislation, that the AWB applies only to center-fire rifles. I've long believed that the definition of an assault rifle as defined in the AWB was as follows, regardless of caliber.

From the legislation:

(b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON- Section 921(a) of
title 18, United States Code, is amended by adding at the end the
following new paragraph:
`(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.'.





He quotes 18 USC ยง 922 (v)(3)(A) - Appendix A as the basis for his view.

`(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;

SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States Code, is amended by adding
at the end the following appendix:
[BOLD->] `APPENDIX A [<-BOLD]
[BOLD->] CENTERFIRE RIFLES--AUTOLOADERS [<-BOLD]
[BOLD->] CENTERFIRE RIFLES--LEVER & SLIDE [<-BOLD]
[BOLD->] CENTERFIRE RIFLES--BOLT ACTION [<-BOLD]
[BOLD->] CENTERFIRE RIFLES--SINGLE SHOT [<-BOLD]
[BOLD->] DRILLINGS, COMBINATION GUNS, DOUBLE RIFLES [<-BOLD]
[BOLD->] RIMFIRE RIFLES--AUTOLOADERS
RIMFIRE RIFLES - AUTOLOADERS
AMT Lightning 25/22 Rifle
AMT Lightning Small-Game Hunting Rifle II
AMT Magnum Hunter Auto Rifle
Anschutz 525 Deluxe Auto
Armscor Model 20P Auto Rifle
Browning Auto-22 Rifle
Browning Auto-22 Grade VI
Krico Model 260 Auto Rifle
Lakefield Arms Model 64B Auto Rifle
Marlin Model 60 Self-Loading Rifle
Marlin Model 60ss Self-Loading Rifle
Marlin Model 70 HC Auto
Marlin Model 990l Self-Loading Rifle
Marlin Model 70P Papoose
Marlin Model 922 Magnum Self-Loading Rifle
Marlin Model 995 Self-Loading Rifle
Norinco Model 22 ATD Rifle
Remington Model 522 Viper Autoloading Rifle
Remington 552BDL Speedmaster Rifle
Ruger 10/22 Autoloading Carbine (w/o folding stock)
Survival Arms AR-7 Explorer Rifle
Texas Remington Revolving Carbine
Voere Model 2115 Auto Rifle
[<-BOLD]
[BOLD->] RIMFIRE RIFLES--LEVER & SLIDE ACTION [<-BOLD]
[BOLD->] RIMFIRE RIFLES--BOLT ACTIONS & SINGLE SHOTS [<-BOLD]
[BOLD->] COMPETITION RIFLES--CENTERFIRE & RIMFIRE [<-BOLD]
[BOLD->] SHOTGUNS--AUTOLOADERS [<-BOLD]
[BOLD->] SHOTGUNS--SLIDE ACTIONS [<-BOLD]
[BOLD->] SHOTGUNS--OVER/UNDERS [<-BOLD]
[BOLD->] SHOTGUNS--SIDE BY SIDES [<-BOLD]
[BOLD->] SHOTGUNS--BOLT ACTIONS & SINGLE SHOTS [<-BOLD]

Am I wrong?

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boofus
June 2, 2004, 01:42 PM
So if you took an AR-15 M4 type rifle with collapsing stock, bayonet lug, threaded barrel and a silencer on the end and stuck a Ciener .22lr conversion into it your friend doesn't think they would still count it as an 'assault weapon'?

The important part of the AWB is the word 'semi-automatic' doesn't matter what caliber it is.

gunsmith
June 2, 2004, 01:50 PM
Was arrested last year for putting a folding stock on a 10-22.
I don't have any links or anything,I've heard (somewhere) that .22 gatling guns are legal here...IANAL!

Bartholomew Roberts
June 2, 2004, 02:02 PM
.22LR are not exempt from the legislation if they otherwise meet the definition of an assault weapon unless they are specifically listed by name in Appendix A as a model that is exempt from the legislation.

Here is the list for Rimfire autoloaders:

AMT Lightning 25/22 Rifle, AMT Lightning Small-Game Hunting Rifle II, AMT Magnum Hunter Auto Rifle, Anschutz 525 Deluxe Auto, Armscor Model 20P Auto Rifle, Browning Auto-22 Rifle, Browning Auto-22 Grade VI, Krico Model 260 Auto Rifle, Lakefield Arms Model 64B Auto Rifle, Marlin Model 60 Self-Loading Rifle, Marlin Model 60ss Self-Loading Rifle, Marlin Model 70 HC Auto, Marlin Model 990l Self-Loading Rifle, Marlin Model 70P Papoose, Marlin Model 922 Magnum Self-Loading Rifle, Marlin Model 995 Self-Loading Rifle, Norinco Model 22 ATD Rifle, Remington Model 522 Viper Autoloading Rifle, Remington 552BDL Speedmaster Rifle, Ruger 10/22 Autoloading Carbine (w/o folding stock), Survival Arms AR-7 Explorer Rifle, Texas Remington Revolving Carbine, Voere Model 2115 Auto Rifle

So to use an example, a folding stock 10/22 with pistol grip would be illegal.

submin
June 2, 2004, 02:20 PM
So the 10/22 carbine can have more than two features listed in the legislation and still be legal? Say, a fixed pistol-grip stock with a flash suppressor, barrel shroud and bayonet lug?

I'm the looser in the discussion; at least partially. The 10/22 is the centerpiece of the debate. Darn! Well, at least he is wrong about the .22 lr chambering as to the reason they are exempt.


Bartholomew Roberts, Can you provide me the link to the source of this list? Evidently the link I've been reading is incomplete. My link doesn't list any specific exempt rifles.

submin
June 2, 2004, 03:10 PM
Convenient how the atf omits the list of exempt guns from their web site. NRA-ILA does to.

Bartholomew Roberts
June 2, 2004, 03:57 PM
So the 10/22 carbine can have more than two features listed in the legislation and still be legal? Say, a fixed pistol-grip stock with a flash suppressor, barrel shroud and bayonet lug?

It is my understanding that ATF considers the addition of prohibited features the same as manufacturing a new assault weapon, even with the rifles listed as specifically exempt, so no. Whether that would hold up in court based on the law as written, who knows? By the way, a barrel shroud is only a prohibited item on pistols, so you could add that regardless.

Can you provide me the link to the source of this list?

http://www4.law.cornell.edu/uscode/18/922.html

Harry Tuttle
June 2, 2004, 04:31 PM
(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;


tube fed semi auto 22lrs are exempt

submin
June 2, 2004, 04:45 PM
Thank you Mr. Roberts. You've been very helpful.


It is my understanding that ATF considers the addition of prohibited features the same as manufacturing a new assault weapon, even with the rifles listed as specifically exempt, so no. Whether that would hold up in court based on the law as written, who knows?

I'm going to give the other poster a partial victory :D on this one, but I'm going to close my end of the discussion with the advise that anyone considering adding more than one additional listed feature to write the atf snail-mail and ask that any response be in writing. You know, paper trails are a great thing to have in court.

Thanks again.
Doug

El Rojo
June 2, 2004, 09:07 PM
Good thread. I believe the "Centerfire" distinction might have come from the PRKs SB-23.

PRK Penal Code 12276.1. (http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=22150314885+7+0+0&WAISaction=retrieve)
12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall
also mean any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to
accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action
of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine
with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length
of less than 30 inches.

Treylis
June 3, 2004, 06:59 AM
A guy in CA Was arrested last year for putting a folding stock on a 10-22.

Nice to see law enforcement getting out and locking up dangerous criminals.

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