Can I hear from someone who really understands 922(r), and Title 18 in general?

[The Real Hawkeye]

I decided to finally try to read through the relevant portions of Title 18 myself rather than rely on summaries by others. From what I have been able to determine by reading it myself, it seems that you cannot buy a semi-auto rifle that was imported as being suited for a "sporting purpose," and then (unless you swap out a sufficient number of specified foreign parts for American made parts) make changes to it, the end result of which would amount to a "semiautomatic assault weapon," defined by 18 U.S.C. Chapter 44 as follows.

"The term 'semiautomatic assault weapon' means ... (B) a semiautomatic rifle that has the ability to accept a detachable magazine and has at least two of -

(i) a folding or telescoping 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"

Here's my question: If the gun you bought, an imported gun, did not meet the definition of a "semiautomatic assault weapon" or a curio/relic (i.e,. it was therefore imported as a "sporting purpose" rifle), and even after home modification, it still did not meet the above definition of a "semiautomatic assault weapon" (i.e., it therefore remained a sporting purposes rifle), does that mean that you would NOT be in violation of the law? That was my conclusion. Am I correct? If not, why? Thanks.

 

[PATH]

I have not figured it all out yet. Maybe it was written the way it is written to confuse people. It sure has confused me!

 

[MGshaggy]

First off you're confusing terms of 922(r) with 922(v).

18 USC 922(v) is the now defunct 1994 assault weapons ban. 18 USC 922(r) is the provision prohibiting assembly of a non-importable rifle or shotgun from imported parts. Unlike 922(v) it (922r) is not just limited to "semi automatic assault weapons" - it applies to the assembly of any semiauto rifle or shotgun from imported parts. Thus, the definition you copied for a semiauto assault weapon (18 USC 921(a)(30)(B)) is not applicable. IOW "semiautomatic assault weapon" does not necessarily mean the same thing as "semiautomatic rifle or shotgun".

Now the question of whether a rifle or shotgun meets a "sporting purposes" test for the purpose of importation has little to do with whether it meets the definition of an assault weapon under 922(v) (although anything that would meet such a definition would most certainly not be importable as a sporting firearm). The sporting purposes test is based upon a point system whereby a rifle or shotgun gets points for having certain features like bayo lugs, pistol grips, etc., and if the gun accumulates too many points, it is prohibited from importation. And although many of those features which help preclude a gun from importation are the same as those listed in the 1994 AWB (922v), they are not all the same.

 

[The Real Hawkeye]

Now the question of whether a rifle or shotgun meets a "sporting purposes" test for the purpose of importation has little to do with whether it meets the definition of an assault weapon under 922(v) (although anything that would meet such a definition would most certainly not be importable as a sporting firearm). The sporting purposes test is based upon a point system whereby a rifle or shotgun gets points for having certain features like bayo lugs, pistol grips, etc., and if the gun accumulates too many points, it is prohibited from importation. And although many of those features which help preclude a gun from importation are the same as those listed in the 1994 AWB (922v), they are not all the same.

Thanks, Shaggy. Now what I need to know from you is, what are the "certain features" that make a gun unimportable if they are not the features which make it a "semiautomatic assault weapon?" Please be specific, and quote the sections you are referring to. Thank you.

Next question: If the gun was imported as a foreign made rifle suitable for a sporting purpose, and you make modification, but not sufficient to add up enough points to make it a prohibited weapon, is that ok? Keep in mind, I'm talking about modifications which DO NOT swap out enough part with US parts to make it a US manufactured rifle. Thanks again.

 

[MGshaggy]

Thanks, Shaggy. Now what I need to know from you is, what are the "certain features" that make a gun unimportable if they are not the features which make it a "semiautomatic assault weapon?" Please be specific, and quote the sections you are referring to. Thank you.

Unfortunately I can't help you on that one; I just don't have the info available, but it can probably be obtained either from the AG or FAIR Trade Group (Firearms Importers Roundtable). Under the law, the US Attorney General is empowered to determine what meets the sporting purposes test, and because that test is applied prior to actually importing the guns to an importers application to import certain guns most people never see it or have to deal with it (since they're not importers). That scale can also change on the whim of an administration as we saw with Bush Sr. in 1989.

Next question: If the gun was imported as a foreign made rifle suitable for a sporting purpose, and you make modification, but not sufficient to add up enough points to make it a prohibited weapon, is that ok? Keep in mind, I'm talking about modifications which DO NOT swap out enough part with US parts to make it a US manufactured rifle. Thanks again.

That would be ok, as even with the modifications it would still be an importable rifle. The problem is figuring out what you can do to your particular rifle. For most, its just easier to either acquire enough US made parts to remove it from regulation under 922(r) or to register it as an NFA weapon (AOW, SBR, SBS) which also removes it from regulation under 922(r).