Clarifying 922(r)...

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TurtlePhish

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I mean this to be an informative post on the nature of Title 18 U.S.C Sec. 922(r) to make sure people have it right and don't accidentally get themselves into any trouble, seeing as there are lots of imported "non-sporting" rifles that I'm sure many people on this forum are proud owners of.

I'm going to have an AK-74 soon and I was doing research on 922(r) so I would know exactly what I had to watch for when changing parts, and noticed something from several people posting in various places online.

They believed that the law stated that they must have "X" number of U.S. made parts in the gun- meaning that the number of listed imported parts didn't matter as long as they had "X" U.S. parts.

However, the actual wording of the law is in fact a limit on the number of listed imported parts that can legally be in the gun, regardless of how many U.S. parts are used.

What this means is that ADDING parts made in the U.S. to a non-compliant gun makes it no more compliant than it was before. However, SUBSTITUTING listed parts made in the U.S. in such a way that 10 or less listed imported parts remain in the gun will make it compliant.

For those who don't know, the listed parts are:
-Frames/Receivers
-Barrels
-Barrel extensions
-Mounting blocks/Trunions
-Muzzle devices
-Bolts
-Bolt carriers
-Operating rods
-Gas pistons
-Trigger housings
-Triggers
-Hammers
-Disconnectors
-Sears
-Buttstocks
-Pistol grips
-Handguards/Forearms
-Magazine bodies
-Magazine followers
-Magazine floorplates

So, under the law, an all-imported AK is non-compliant if it has >10 imported parts, regardless of how many of the rest are U.S. made.

Also under the law, listed imported parts could be simply removed without being replaced by U.S. parts until 10 or less remained in the gun, and it would be entirely compliant, even if it had not a single U.S. made part in it. (Keep in mind that this would likely mean the gun would not function- it is just an extreme example.)

I think this would be helpful to a few people, even though most of you are probably already aware of the ins and outs of 922(r).

Please PM me with additions or corrections.
 
I am still unclear as to how this pertains to a bone stock pre-ban (1994 AWB for this purpose) Chinese SKS...

Say someone legally purchased a 1963 vintage SKS in cosmoline in the US in 1991, and has done nothing to it, as in changing parts...

All numbers match, still has bayonet, etc...

How does Title 18 U.S.C Sec. 922(r) pertain to this situation, or does it?

:confused:
 
Copy-pasted from another site to help clarify.

- High capacity (greater than 10 round for rifles, 5 rounds for shotgun) magazines
- Pistol grip attachment
- Folding buttstock
- Muzzle device/attachment (to include a threaded barrel capable of receiving a device)
- Bayonet lugs
If your rifle or shotgun incorporates those features, it no longer is considered "suitable for sporting purposes".

Thus, a bone-stock SKS at 10 rounds is not affected by 922(r). I believe the ones that take AK magazines may have been grandfathered in, but don't quote me.
 
I am still unclear as to how this pertains to a bone stock pre-ban (1994 AWB for this purpose) Chinese SKS...

Say someone legally purchased a 1963 vintage SKS in cosmoline in the US in 1991, and has done nothing to it, as in changing parts...

All numbers match, still has bayonet, etc...

How does Title 18 U.S.C Sec. 922(r) pertain to this situation, or does it?

:confused:
922r does not apply to an SKS in its original configuration, as it is a C&R.


Once it becomes modified, (synthetic stock, pistol grip, detachable mag, etc) it is no longer C&R, and must be 922r compliant.
 
Remember that 922(r) only prohibits the ASSEMBLY of a rifle in a non-compliant configuration... not just the mere possession of one. So to convict you of a violation, the feds would have to not only prove that the requisite number of parts were produced in another country, but they would have to prove that YOU are the one who assembled it that way. They would have to prove both of those beyond a reasonable doubt.
 
Say someone legally purchased a 1963 vintage SKS in cosmoline in the US in 1991

This is the key phrase right here. If it was manufactured in 1963 then 922r does NOT apply to it as 922r went in to effect in November 1989. As long as you don't convert to a full auto or cut down the length you can pretty much do whatever you want to it.
 
The reason I ask is that there are an awful lot of sites and companies with conflicting info, and many are trying to sell you 'compliance parts'...
Compliance parts are necessary for those building their own rifles from imported parts kits, as well as those doing conversions on imported sporting rifles such as saigas.
 
Blah blah blah. 922r is a complete waste of time unless you're an actual importer/assembler. There's just not enough traceability to even accuse anyone.

Sells a lot of crap for Tapco and friends though, don't it?
 
Jeesh. I just posted this to help people out, not to make anyone mad. Complying with 922(r) gives the Feds one less thing to get you in trouble for if you ever get arrested for anything. I'm pretty sure non-compliance is a felony.
 
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