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Assault Weapon Ban Definitions

Discussion in 'Rifle Country' started by Grampa, Jan 21, 2004.

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  1. Grampa

    Grampa Member

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    I understand most of the basics of what the AWB prohibits, but am confused by one of the items below (plagarized from another source):

    This law banned rifles that had detachable magazines and two or more of the following characteristics:

    * folding or telescoping stock
    * pistol grip
    * bayonet mount
    * flash suppressor, or threads to attach one
    * grenade launcher.

    I don't fully understand the folding or telescoping stock item. If a Mini-14 has a folding stock, but none of the other items, why would it fall under the AWB? What about barrel length and overall length -- do they come into play at all in the AWB?

    Also, this doesn't seem to say anything about semiauto versus bolt/lever/pump, just detachable mags, which of course, are limited to 10 rounds by the AWB.
     
  2. squibload

    squibload Member

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    A folding stock is pretty likely to have a pistol grip.


    That's why fixed pistol grip stocks are ok, but a folder (with a pistol grip) is a no-no.
     
  3. ajacobs

    ajacobs Member

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    Most folding stocks also require or include a pistol grip, as is the case with any that have ever been manufactured for the mini series. The law only applies to semi auto rifles. And the overall legth is set at a legal minimum by a different law and is not relivent to this peice of legislation.
     
  4. squibload

    squibload Member

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    Rifle: 16" bbl mimimum
    Shotgun: 18" bbl minimum

    Can't recall the minimum overall length requirements, but these aren't changed by the AWB.
     
  5. Grampa

    Grampa Member

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    I stand corrected on the semiautomatic question. It does specifically say "semiautomatic rifle". So, you can have these limiting items on lever/bolt/pump rifles?
     
  6. La Pistoletta

    La Pistoletta Member

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    Seems pretty pointless to me.
    "Oh, so you got both a pistol grip and a telescopic buttstock? No, sir, I'm sorry, since you are now, and not until now, suddenly able to kill bank security guards, we cannot allow this".
     
  7. Grampa

    Grampa Member

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    La Pistoletta,

    Oh, I agree with your point. None of these AWB limitations really make any sense. I was just confirming that there is no AWB reason to not have a flash hider and a collapsing stock (for instance) on a bolt action rifle. I'm kinda preparing for a discussion.
     
  8. TallPine

    TallPine Member

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    The grenade launcher is the big issue, because before 1994 there was a rash of drive-by grenade launchings.

    In fact, the streets were just flooded with grenades.

    It was so bad, that everyone started buying 4wd SUVs in order to get through 18" of grenades in the street. That of course, led to the energy crisis and global warming and wars for oil and ....
     
  9. Hkmp5sd

    Hkmp5sd Member

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    Yes. The only thing you have to worry about is violating the NFA. As stated, your shotgun barrel must be >18" and rifle barrel >16". Overall length is 26" for both. On guns with a folding stock, the overall length is measured with the stock unfolded.
     
  10. artherd

    artherd member

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    You can have anything you want on a bolt/lever/pump action rifle.

    And, intrestingly enough, on a FULLY-automatic rifle (though you need an NFA tax stamp)

    It's a funny situation in which one could have a fully legal full-auto M-16 with flash hider and bayo lug and pistol grip (and folding stock), then remove the auto-sear that makes it fully-automatic, and suddenly be in possesion of an ILLEGAL unregistered assault weapon! (in CA at least.)
     
  11. Chipperman

    Chipperman Member

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    That's because when it is full-auto, it is no longer a rifle. It is a machine gun.

    A machine gun can have any evil features you want, inlcuding a short barrel.
    If you take out the sear, it magically transforms into a rifle, and is now subject to the minimum barrel req, and the AWB rules.
     
  12. Harry Tuttle

    Harry Tuttle Member

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    might as well site chapter & verse
    so we can all be edufied:
     
  13. Hkmp5sd

    Hkmp5sd Member

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    You mean everyone hasn't read it enough times over the last 10 years to memorize it ? :)

    Is it September yet?
     
  14. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    Aaaaaaamen!
     
  15. Spot77

    Spot77 Member

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    YIKES! That's a lot of B.S.!!!

    So since I'm not a smart man, please help me.

    I have a Yugo SKS with GRENADE LAUNCHER and FOLDING BAYONET on the front. Since it is a semi-auto with a FIXED magazine, can I put one of those $50 synthetic folding stocks with a pistol grip on it? Reading all of those chapters and verses made my head hurt.

    Of course Maryland probably has twice the rules of the Feds.....
     
  16. Grampa

    Grampa Member

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    Harry-

    Thanks for the consolidation of significant sections. ('Cept it's not a direct quote, as I spotted at least 4 typos in it.) This is a very good extract. It makes your head spin to read Title 18, Chapter 44 to find the good (bad) stuff and discern what it means.

    Anyone care to take a stab on why 921(a)(30)(A) "...copies or duplicates of the firearms in any caliber, known as - " doesn't sink all of us post ban AR-15 owners? I guess it means EXACT copies.
     
  17. DMK

    DMK Member

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    Spot77, the SKS falls under different, more strict regulations since it's imported. Those regs make the '94 AWB seem simplistic. The 59/66 Yugo is surprisingly legal in it's original form because the ATF says it is (It's on the Curios and Relics list). If you modify it, you may run into trouble with the import ban of "semi-automatic assault weapons" and any firearms that are not deamed to be for "Sporting Purpose" by the ATF. ie. 9.22(r)

    BTW: Many imported firearms(FAL, SAR-1, CETME, etc) get around those laws by adding enough U.S. made parts to make them U.S. made rifles. At that point, the '94 AWB applies. Unfortunately, there aren't enough U.S. made parts on the market to do that with the SKS.
     
  18. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    Spot 77: I'm not a lawyer, blah blah blah,

    but I believe you must choose a maximum of 2 evil features, which you already have, so I don't think that'll work.

    {Scratching head...wasn't there something about the sks folding bayo? It wasn't a bayo mount, therefore it didn't count?....dunno, and I wouldn't bet more than a dollar on that}

    You could probably drop the bayo in favor of the folding stock though,

    Or you could just wait till Sept 14, when either all this goes away, or ......
     
  19. DMK

    DMK Member

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    Nope. The folding bayo is an evil feature(TM). That's why you can't have one on a Chinese SKS imported after Dec. 1990. However, the mount itself is a grey area. Chinese SKS still have them, but on ATF letters I've seen them refered to as one of the bad things.

    The worst part is the regs on import firearms never sunset. Even after the '94 AWB dies, modified SKS may still be jailbait unless somebody starts making more U.S. parts for it.
     
  20. Spot77

    Spot77 Member

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    Thanks for the info....I hadn't given any thought to the fact that it is an imported rifle (DUH! Yugo!)

    Since I don't foresee me impaling somebody/something in close quarters combat, I think removing the bayonet altogether might not be a bad idea.

    It's just an old beat up shooter grade gun, so I'm not terribly worried about the historical or cosmetic value of it. I do like the feel of the synthetic stock and the reduced weight.

    Come on September!:D
     
  21. Harry Tuttle

    Harry Tuttle Member

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    maryland:

    (d) "Assault weapon" means any of the following
    specific firearms or their copies regardless
    of which company produced and manufactured
    that firearm:
    (1) American Arms Spectre DA semiautomatic
    carbine;
    (2) AK-47 in all forms;
    (3) Algimec AGM-1 type semi-auto;
    (4) AR 100 type semi-auto;
    (5) AR 180 type semi-auto;
    (6) Argentine L.S.R. semi-auto;
    (7) Australian Automatic Arms SAR type
    semi-auto;
    (8) Auto-Ordnance Thompson M1 and 1927
    semi-automatics;
    (9) Barrett light .50 cal. semi-auto;
    (10) Beretta AR70 type semi-auto;
    (11) Bushmaster semi-auto rifle;
    (12) Calico models M-100 and M-900;
    (13) CIS SR 88 type semi-auto;
    (14) Claridge HI TEC C-9 carbines;
    (15) Colt AR-15, CAR-15, and all imitations
    except Colt AR-15 Sporter H-BAR rifle;
    (16) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2;
    (17) Dragunov Chinese made semi-auto;
    (18) Famas semi-auto (.223 caliber);
    (19) Feather AT-9 semi-auto;
    (20) FN LAR and FN FAL assault rifle;
    (21) FNC semi-auto type carbine;
    (22) F.I.E./Franchi LAW 12 and SPAS 12
    assault shotgun;
    (23) Steyr-AUG-SA semi-auto;
    (24) Galil models AR and ARM semi-auto;
    (25) Heckler and Koch HK-91 A3, HK-93 A2,
    HK-94 A2 and A3;
    (26) Holmes model 88 shotgun;
    (27) Avtomat Kalashnikov semiautomatic rifle
    in any format;
    (28) Manchester Arms "Commando" MK-45,
    MK-9;
    (29) Mandell TAC-1 semi-auto carbine;
    (30) Mossberg model 500 Bullpup assault
    shotgun;
    (31) Sterling Mark 6;
    (32) P.A.W.S. carbine;
    (33) Ruger mini-14 folding stock model (.223
    caliber);
    (34) SIG 550/551 assault rifle (.223 caliber);
    (35) SKS with detachable magazine;
    (36) AP-74 commando type semi-auto;
    (37) Springfield Armory BM-59, SAR-48, G3,
    SAR-3, M-21 sniper rifle, M1A, excluding the M1
    Garand;
    (38) Street sweeper assault type shotgun;
    (39) Striker 12 assault shotgun in all formats;
    (40) Unique F11 semi-auto type;
    (41) Daewoo USAS 12 semi-auto shotgun;
    (42) UZI 9mm carbine or rifle;
    (43) Valmet M-76 and M-78 semi-auto;
    (44) Weaver Arms "Nighthawk" semi-auto
    carbine; or
    (45) Wilkinson Arms 9mm semi-auto "Terry".

    expect a battle this year to enact a new version of:
    http://mlis.state.md.us/2003rs/billfile/sb0494.htm
    Making it a misdemeanor to transport an assault weapon into the State or to possess, sell, offer to sell, transfer, purchase, or receive an assault weapon; making it a misdemeanor to use an assault weapon or a specified magazine in the commission of a felony or crime of violence; providing specified penalties; etc.

    showing up in Annapolis in March will be good for your Constitution
     
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