lysanderxiii
Member
However, If you insert a magazine into a firearm, that makes that firearm non-compliant with Sec. 922 (r) of the US Code, you have "ASSEMBLED" a firearm that is non-compliant.
That would be a slam-dunk, if they wanted to prosecute. All they would have to prove is 1) the firearm, as is, is not on the "approved import list, 2) the firearm does not have, with the magazine in question inserted, the minimum US parts content, and 3) you inserted it.
As to proving (3), if you are in possession of the firearm, so assembled, I don't think any reasonable jury will believe that some other unnamed person came up and inserted the magazine for you....
So, while the law does actually read to make it illegal to 'assemble' a firearm that is non-compliant with 922r, and not strictly illegal to merely possess it, depending on the situation, proving you 'assembled' it, is not necessarily all that hard. And they would be within the law if they confiscated said non-compliant firearm, even if they choose not to prosecute.
My advise - if you happen to acquire something that is non-compliant, make it compliant. And, work to change the law.
That would be a slam-dunk, if they wanted to prosecute. All they would have to prove is 1) the firearm, as is, is not on the "approved import list, 2) the firearm does not have, with the magazine in question inserted, the minimum US parts content, and 3) you inserted it.
As to proving (3), if you are in possession of the firearm, so assembled, I don't think any reasonable jury will believe that some other unnamed person came up and inserted the magazine for you....
So, while the law does actually read to make it illegal to 'assemble' a firearm that is non-compliant with 922r, and not strictly illegal to merely possess it, depending on the situation, proving you 'assembled' it, is not necessarily all that hard. And they would be within the law if they confiscated said non-compliant firearm, even if they choose not to prosecute.
My advise - if you happen to acquire something that is non-compliant, make it compliant. And, work to change the law.
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