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AWB scholars. Help!

Discussion in 'Legal' started by submin, Jun 2, 2004.

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  1. submin

    submin Member

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    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:




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

    Am I wrong?
     
    Last edited: Jun 2, 2004
  2. boofus

    boofus Guest

    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.
     
  3. gunsmith

    gunsmith member

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    A guy in CA

    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!
     
  4. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    .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.
     
  5. submin

    submin Member

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    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.
     
  6. submin

    submin Member

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    Convenient how the atf omits the list of exempt guns from their web site. NRA-ILA does to.
     
  7. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    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.

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

    Harry Tuttle Member

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    tube fed semi auto 22lrs are exempt
     
  9. submin

    submin Member

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    Thank you Mr. Roberts. You've been very helpful.


    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
     
  10. El Rojo

    El Rojo Member

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    Good thread. I believe the "Centerfire" distinction might have come from the PRKs SB-23.

    PRK Penal Code 12276.1.
    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.
     
  11. Treylis

    Treylis Member

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