922(R) Enforcement?

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kayak-man

kayak-man

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We all know that 922R is a pretty hard law to convict someone of, and most people don't know of a single person who was convicted of just 922R.

I know the ATF is the major player involved (or not involved?) with 922R, but who else can execute an arrest for a violation of 922R, or declare probable cause and search/confiscate your firearm?

I'd imagine any branch of the Federal Law Enforcement (Coast Guard, Border Patrol/Customs, FBI, and Homeland Security) would be have jurisdiction in this issue, what about local/city/county LEOs?
 
I would imagine any local could since it's a law.
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That turned out not to be true in the case of local inforcement of federal immigration laws, why would it be so for local enforcement of federal firearms laws?
 
Is it a class A misdemeanor or is it a class D felony? What are the assigned punishments for a 922(r) convinction? I can't seem to find that information anywhere in the '18 USC § 922 - Unlawful acts'.
 
922(R) is one of those odd laws. You need to follow it, though if you somehow DO get busted a good lawyer could probably have the law thrown out on a major legal technicality. The legal problem with the law stems from the fact that it relies on the definition of a "semi-automatic assault weapon", which was in a section that is no longer law. Legally that definition no longer exists, which means 922(R) should no longer be valid, but the ATF still claims it is. I'm not willing to be the test case to argue that, though, and only someone with good money could afford to fight it.

Is it enforced? Not really. But it's best to do your homework and make sure you're compliant.
 
Local/State LEO may not enforce Federal law unless they are 'deputized' or acting in a joint enforcement action in accordance with a formal written agreements between the agencies involved.

However a local/state LEO may detain an individual with reasonable suspicion that one violated a Federal law, and hold that individual for the Federal authorities.
 
The problem with enforcement, though, is that it requires a 2-stage process. First you need to be in a situation where your firearm is held by police as evidence of a crime. Then they would need a second warrant to dismantle (search) that firearm (likely ruining the primary evidence) to inspect it for compliance. This creates a major problem, because if you are found free of wrongdoing they must return it to you (though often they don't) and can't do anything else with it, and if they're going to use it as evidence of the primary crime they need it intact.

Because of this, 922(R) is almost never used, and if it is used it's simply an add-on charge to other Federal crimes. You have to be in other Federal hot water in order for the ATF to have direct possession of your weapon for that type of inspection. It's far too much a pain in the butt to deal with so normal law enforcement doesn't bother.
 
Aren't the import restrictions the result of an executive order imposing an import ban in 1989 which is seperate from the AWB 1994-2004 and still in effect?
 
I first ran across 922r when I wanted a Benelli Semi auto shotgun with the normal ant not crimped magazine tube. I spent quite a few hours researching it. I finally came to the conclusion that it wasn't worth the potential risk and didn't buy one. I won't touch rifles that are impacted by it either.
 
922r is an example of the ridiculous lengths the law abiding will go to to stay within the letter of laws written by fools and authoritarians.

Beyond that, I've never heard of actual enforcement, and the burden of proof would fall onto the prosecution to prove that the parts are, in fact, of foreign manufacture, rather than expertly crafted replicas. For that matter, what's to stop me from getting a little tiny "US PART" stamp, perhaps with a little bitty flag, and putting it to parts in my hypothetical 922r non-compliant weaponry?
 
It's not only ridiculous in its difficulty to prove, if I'm not mistaken, it is only illegal to DO the modifications incorrectly. It is not illegal to POSSESS a gun which has been improperly modified, and difficult if not impossible to prove whether or not it was you that modified it.

Follow it anyway. :)
 
mljdeckard, the ATF would contend that you "assemble" the gun every time you put the magazine in. And magazine bodies, followers, and floorplates are included in the counted parts.

However, the law also states that "constructive possession", i.e., the ability to produce a non-compliant firearm, does not apply here (they frequently apply that to various NFA items).
 
This has gotten brought up on other forums, too. A major player in a battle-rifle platform was found to be taking imported fire control parts and just restamping them with their name and "US PART" it became.
The issue is how much work can you do to an imported part to make it an American part? With receivers there is the 80% rule. With other parts there is no rule.
So you could theoretically take Russian AK triggers, clean & deburr them, stamp them US, and call that "final finishing" and be technically within the law.
 
There has been actual enforcement of 922(r) and there are cases covering it at the appellate level where a Westlaw search will turn them up (you can also find them with a little more work on Google Scholar).
 
I would have to see evidence of a 922r prosecution of a private individual with no other circumstances to believe it.
 
I know of only one case where someone was caught with a non-compliant weapon. It wasn't because of the noncompliance though but the picture he posted online. This guy was building a "semi auto" Sten and posted a picture online asking for help of why his semi auto bolt wasn't fitting properly. In the picture was a full auto bolt and he somehow bought or he was making a full auto Sten claiming it was semi. I don't know the details beyond that but the 922r violation was just added on to his charges.

Second to last post
http://www.ar15.com/forums/t_1_5/12...victed_or_charged_with_a_922r_violation_.html
 
One should always presume that everything posted on the internet will be available forever and can be traced with enough effort.
 
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