Does 922(r) really mean what we think it means?

[jlbraun]

Here is the relevant law:

USC 18.922(r):

(r) It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925 (d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to—
(1) the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General.

USC 925(d)

(d) The Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if the firearm or ammunition—
(1) is being imported or brought in for scientific or research purposes, or is for use in connection with competition or training pursuant to chapter 401 of title 10;
(2) is an unserviceable firearm, other than a machinegun as defined in section 5845(b) of the Internal Revenue Code of 1986 (not readily restorable to firing condition), imported or brought in as a curio or museum piece;
(3) is of a type that does not fall within the definition of a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986 and is generally recognized as particularly suitable for or readily adaptable to sporting purposes, excluding surplus military firearms, except in any case where the Attorney General has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled; or
(4) was previously taken out of the United States or a possession by the person who is bringing in the firearm or ammunition.

IRS Code 5845(a)

(a) Firearm
The term ''firearm'' means (1) a shotgun having a barrel or
barrels of less than 18 inches in length; (2) a weapon made from a
shotgun if such weapon as modified has an overall length of less
than 26 inches or a barrel or barrels of less than 18 inches in
length; (3) a rifle having a barrel or barrels of less than 16
inches in length; (4) a weapon made from a rifle if such weapon as
modified has an overall length of less than 26 inches or a barrel
or barrels of less than 16 inches in length; (5) any other weapon,
as defined in subsection (e); (6) a machinegun; (7) any silencer
(as defined in section 921 of title 18, United States Code); and
(8) a destructive device. The term ''firearm'' shall not include
an antique firearm or any device (other than a machinegun or
destructive device) which, although designed as a weapon, the
Secretary finds by reason of the date of its manufacture, value,
design, and other characteristics is primarily a collector's item
and is not likely to be used as a weapon.

27 C.F.R. § 478.39

rifles or shotguns.
(a) No person shall assemble a semiautomatic
rifle or any shotgun using more
than 10 of the imported parts listed in
paragraph (c) of this section if the assembled
firearm is prohibited from importation
under section 925(d)(3) as not being particularly
suitable for or readily adaptable to
sporting purposes.
(b) The provisions of this section shall
not apply to:
(1) The assembly of such rifle or
shotgun for sale or distribution by a licensed
manufacturer to the United
States or any department or agency
thereof or to any State or any department,
agency, or political subdivision
thereof; or
(2) The assembly of such rifle or
shotgun for the purposes of testing or
experimentation authorized by the
Director under the provisions of
§ 478.151; or
(3) The repair of any rifle or shotgun
which had been imported into or assembled
in the United States prior to
November 30, 1990, or the replacement
of any part of such firearm.
(c) For purposes of this section, the
term imported parts are:
(1) Frames, receivers, receiver castings,
forgings or stampings
(2) Barrels
(3) Barrel extensions
(4) Mounting blocks (trunions)
(5) Muzzle attachments
(6) Bolts
(7) Bolt carriers
(8) Operating rods
(9) Gas pistons
(10) Trigger housings
(11) Triggers
(12) Hammers
(13) Sears
(14) Disconnectors
(15) Buttstocks
(16) Pistol grips
(17) Forearms, handguards
(18) Magazine bodies
(19) Followers
(20) Floorplates

Emphasis mine.

Note the use of the word "identical", not "substantially similar to".

Therefore:
Because no stock SKS exists that has a detachable magazine and a pistol grip, shouldn't adding these features not violate 922(r), because no stock SKS exists in that configuration?

Because no stock Saiga-12 exists that has an ACE folding stock and Tapco pistol grip, shouldn't adding these features without playing the 10 parts game not violate 922(r), because no stock Saiga-12 exists in that configuration? It would be illegal to assemble a Saiga-12K in the US from original factory parts, because it has a pistol grip as manufactured.

In conclusion, doesn't 922(r) only apply to assembling firearms inside the US that are banned from import and using the original factory parts to do so?

Or am I totally off base?

 

[Blackfork]

It means what THEY say it means.

Federal Judges and prosecutors are on the same side. It means what they say or want it to mean, which is mostly: You're guilty.

Reference the mythical TSA flying regs that no one can see or the IRS tax code. It's not up to interpretation of the real written law. It means what they hint, think, imply, assume, lie about, or want it to mean.

They win, get promoted and paid with healthy benefits and pensions, plus are immune to the same laws (see Bloomberg and the BATFE for current example). You loose everything, are bankrupted and your family is dispersed in poverty. If you are lucky you are offered some kind of "deal" which slightly lessens the impact where maybe your kids won't suffer as much.

This is called good government.

 

[pacodelahoya]

When it comes to 922r, deal with it by simply putting my right and left index fingers into the corresponding ear and shouting NAH NAH NAh NAh.




Dear Agent Schmuckatelli,

Just kidding! I think you are needed in West Concord Minn. They have an overabundance of kittens.

 

[LAR-15]

It's either allowed to be imported or it's not.

 

[jlbraun]

@LAR-15

It's either allowed to be imported or it's not.

Right. Because the Saiga-12K is prohibited from import, I am not allowed to assemble one from the original factory parts inside the USA.

However, I am allowed to modify a Saiga-12 with an aftermarket pistol grip and folding stock without conforming to the "10 parts" rule, because it is not identical to the one prohibited from import.

The idea of "you're not allowed to assemble something that WOULD be prohibited from import" is circular reasoning. The law says "identical". If I make something that is not identical to something prohibited from import, then it does not seem to fall under 922(r).

 

[k_dawg]

In a world where "for public use" is ruled to mean "for private use".. we, the peons, are not allowed to read and understand the constitution, let alone render an opinion on it. :banghead:

 

[Stretchman]

the question is, is it legal, or not? I don't need a lawyer to tell me what I can do with a Saiga because I can sell my house to pay his fee if I get arrested.

the question is, if I buy a Saiga 12, and put a 200 dollar stock on it, are the black helicopters going to come to the house?

Stretch
Quit cigs 1M 1W 1D 19h 37m ago. So far saved $238.90, 1,592 cigs not smoked and counting ...

 

[Amish_Bill]

The fun thing there is that it prohibits the making, but it doesn't seem to prohibit the possesion or transfer of said weapons. Odd thing to leave out...

 

[pacodelahoya]

Stretch,

I think a lot of that depends on where you live and how you use said saiga.

In California, N.J., N.Y.C etc, maybe just possesion of said eeeviill weapon of mass destruction would get you scrutinized, lobotomized,and colonoscopized.

Any where, if you use it for illegal purposes will get you the same.

Here in Pennsyltuky, the only comments a by leo are gonna be "cool, can I shoot that puppy!"





Agent Schmuckatelli,

Just so you know, all my eeviiill black guns are 922r compliant. I think the tree hugger next door has a fully automatic ak47 though(the one with the assault pistol grip and knifey holder thingy on the front part).