Assault Weapon Ban Definitions

[Grampa]

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.

 

[squibload]

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.

 

[ajacobs]

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.

 

[squibload]

What about barrel length and overall length -- do they come into play at all in the AWB?

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

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

 

[Grampa]

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?

 

[La Pistoletta]

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".

 

[Grampa]

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.

 

[TallPine]

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 ....

 

[Hkmp5sd]

So, you can have these limiting items on lever/bolt/pump rifles?

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.

 

[artherd]

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.)

 

[Chipperman]

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.

 

[Harry Tuttle]

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

SEMIAUTOMATIC ASSAULT WEAPONS and
LARGE CAPACITY AMMUNITION FEEDING
DEVICES under Title 18, UNITED STATES CODE, CHAPTER
44 as amended by Public Law 103-322 The Violent Crime Control
and Law Enforcement Act of 1994
(enacted September 13, 1994)

§ 921(a)(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 (SC70);
(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 DC-9, 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 telescopic 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 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.

§ 922(v)(1) It shall be unlawful for a person to manufacture,
transfer, or possess a
semiautomatic assault weapon.

(2) Paragraph (1) shall not apply to the possession or transfer of
any semiautomatic
assault weapon otherwise lawfully possessed under Federal law on
the date of the
enactment of this subsection.

(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;

(B) any firearm that -

(i) is manually operated by bolt, pump, lever, or slide action;
(ii) has been rendered permanently inoperable; or
(iii) is an antique firearm.
(C) any semiautomatic rifle that cannot accept a detachable
magazine that holds more
than 5 rounds of ammunition; or
(D) any semiautomatic shotgun that cannot hold more than 5
rounds of ammunition in a
fixed or detachable magazine.

The fact that a firearm is not listed in Appendix A shall not be
construed to mean that
paragraph (1) applies to such firearm. No firearm exempted by this
subsection shall be
deleted from Appendix A so long as this subsection is in effect.

(4) Paragraph (1) shall not apply to -
(A) the manufacture for, transfer to, or possession by the United
States or a department
or agency of the United States or a State or a department, agency, or
political
subdivision of a State, or a transfer to or possession by a law
enforcement officer
employed by such an entity for purposes of law enforcement
(whether on or off duty);

(B) the transfer to a licensee under title I of the Atomic Energy Act
of 1954 for purposes
of establishing and maintaining an on-site physical protection
system and security
organization required by Federal law, or possession by an employee
or contractor or
such licensee on-site for such purposes of off-site for purposes of
licensee-authorized
trainig or transportation of nuclear materials;

(C) the possession, by an individual who is retired from service with
a law enforcement
agency and is not otherwise prohibited form receiving a firearm, of
a semiautomatic
assault weapon transferred to the individual by the agency upon
such retirement; or

(D) the manufacture, transfer, or possession of a semiautomatic
assault weapon by a
licensed manufacturer or licensed imported for the purposes of
testing or
experimentation authorized by the Secretary.

§ 923(i) ... The serial number of any semiautomatic assault weapon
manufactured after
the date of the enactment of this sentence shall clearly show the
date on which the
weapon was manufactured.

§ 924(c)(1) Whoever, during and in relation to any crime of
violence or drug trafficking
crime (including a crime of violence or drug trafficking crime which
provides for an
enhanced punishment if committed by the use of a deadly or
dangerous weapon or
device) for which he may be prosecuted in a court of the United
States, uses or carries a
firearm, shall in addition to the punishment provided for such crime
of violence or drug
trafficking crime, be sentenced to imprisonment for five years, and
if the firearm is a
short-barreled rifle, short barreled shotgun, or semiautomatic
assault weapon to
imprisonment for ten years...

18 U.S.C. Chapter 44
921(a)(31) The term 'large capacity ammunition feeding device' -
(A) means a magazine, belt, drum, feed strip, or similar device
manufactures after the
date of enactment of the Violent Crime Control and Law
Enforcement Act of 1994 that
has a capacity of, or that can be readily restored or converted to
accept, more than 10
rounds of ammunition: but

(B) does not include an attached tubular device designed to accept,
and capable of
operating only with .22 caliber rimfire ammunition.

§ 922(w)(1) Except as provided in paragraph (2), it shall be
unlawful for a person to
transfer or posses a large capacity ammunition feeding device.

(2) Paragraph (1) shall not apply to the possession or transfer of
any large capacity
ammunition feeding devices otherwise lawfully possessed on or
before the date of the
enactment of this subsection.

(3) This subsection shall not apply to --

(A) the manufacture for, transfer to, or possession by the United
States or a department
or agency of the United States or a department or a State or a
department, agency or
political subdivision of a State, or transfer to or possession by a law
enforcement officer
employed by such an entity for purposes of law enforcement
(weather on or off duty);

(B) the transfer to a licensee under title I of the Atomic Energy Act
of 1954 for purposes
of establishing and maintaining an on-site physical protection
system and security
organization required by Federal law, or possession by an employee
or contractor or
such licensee on-site for such purposes of off-site for purposes of
licensee-authorized
trainig or transportation of nuclear materials;

(C) the possession, by an individual who is retired from service with
a law enforcement
agency and is not otherwise prohibited from receiving ammunition,
of a large capacity
ammunition feeding device transferred to the individual by the
agency upon such
retirement; or

(D) the manufacture, transfer, or possession of any large capacity
ammunition feeding
device by a licensed manufacturer or licensed importer for the
purposes of testing or
experimentation authorized by the Secretary.

(4) If a person charged with violating paragraph (1) asserts that
paragraph (1) does not
apply to such person because of paragraph (2) or (3), the
Government shall have the
burdon of proof to show that such paragraph (1) applies to such a
person. The lack of a
serial number as described in section 923(i) of title 18, United
States Code, shall not be
a presumption that the large capacity ammunition feeding device is
not subject to the
prohinition of possesion in paragraph (1).

§ 923(i) ... A large capacity ammuniiton feeding device
manufactured after the date of
the enactment of this sentence shall be identified by a serial number
that clearly shows
that the device was manufactured or imported after the effective
date of this subsection,
and such other identification as the Secretary may by regulation
prescribe.

 

[Hkmp5sd]

might as well site chapter & verse

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

Is it September yet?

 

[geekWithA.45]

Is it September yet?

Aaaaaaamen!

 

[Spot77]

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.....

 

[Grampa]

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.

 

[DMK]

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?

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.

 

[geekWithA.45]

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 ......

 

[DMK]

{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 ......

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.

 

[Spot77]

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!

 

[Harry Tuttle]

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