Import Ban vs. AWB

[Cosmoline]

There seems to be a great deal of confusion about the distinction between the GHWB 1989 import ban on certain "non sporting" firearms and the Clinton era Assault Weapons Ban. And you can count me among the confused. The issue comes for example when discussing the legality of putting a bayonet on an SKS that was imported after the import ban. Obviously the AWB outlawed certain firearms completely, but that's history now. The question I have is can anyone point me to the law which outlaws possession or use of firearms that were imported with certain features and subsequently changed back to their original configuration using non-imported parts or home-made parts? I've searched and cannot locate any such law, but the CW seems to be that it is illegal to do this.

As far as I can tell, the import ban applies only to importers, and would have no continuing effect on the firearm once its stateside, apart from 27 CFR 178.39, which is the provision making it illegal to assemble an otherwise non-importable firearm from imported parts.

Here's the specific issue that's come to my mind. I have an SKS with a bayonet lug and no bayonet. As far as I can tell it has 100% Chicom parts. Bayonets, oddly enough, don't seem to be on the list of parts under 178.39. So it looks like I'd be fine sticking a bayonet on the thing, from whatever country. Or would that be "assembling" a new firearm, and make it necessary for me to go back and count parts?

From what I can see, the import restrictions changed again and again over the years. Assuming this one is a 1992 SKS, and was imported then without a bayonet, I believe I would not be allowed to put a bayonet on it no matter where the bayonet was made. But then again, I cannot find the actual text of the import restrictions in question, and the BATF appears to have changed the import rules back and forth over the years. Sometimes they let non C&R SKS's in with bayonets, but during the Clinton years they did not. How can I be bound by whatever agreement some feds came to with some long gone importer 15 years ago?

 

[Novus Collectus]

If the SKS was imported before 1989, then you can do whatever you want with it (except for making it full auto of course and barring your state's laws).

If it is a Yugo SKS that was imported after 1989, then it was imported as a C&R rifle and as long as it retains its origional configuration, it is still a C&R and not subject to the 1989 law. However, if the configuration is changed, then at least six particular parts must be American made so that I guess it can be called American made now (or some wierd reason that defies logic).

If you have a Chinese SKS, it is almost definitely imported before 1989/90 as I have been told because they were banned from import after that point. I think only the Yugo and Albanian SKS have been imported since 1989. I have probably heard wrong though.

 

[wdlsguy]

(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 ...

18 USC 922

I suspect your Chinese SKS was imported minus the bayonet to meet the "sporting purposes" language. If this is the case, you will need to replace the required number of Chinese-made parts with US-made parts before installing a bayonet.

 

[benEzra]

The CFR cite is 7 CFR 478.39(d):

[Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR478.39]

[Page 36-37]

TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart C_Administrative and Miscellaneous Provisions

Sec. 478.39 Assembly of semiautomatic 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 Sec. 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

[[Page 37]]

(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

[T.D. ATF-346, 58 FR 40589, July 29, 1993]

More "sporting purposes" stuff in 27 CFR 478.112, which makes the definition of "suitable for sporting purposes" look absolutely and completely arbitrary; apparently the specific rules are NOT published in the CFR, but are unpublished in-house BATFE guidelines?

[Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR478.112]

[Page 58-59]

TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart G_Importation

Sec. 478.112 Importation by a licensed importer.

(a) No firearm, firearm barrel, or ammunition shall be imported or
brought into the United States by a licensed importer (as defined in
Sec. 478.11) unless the Director has authorized the importation of the
firearm, firearm barrel, or ammunition.
(b)(1) An application for a permit, ATF Form 6--Part I, to import or
bring a firearm, firearm barrel, or ammunition into the United States or
a possession thereof under this section must be filed, in triplicate,
with the Director. The application must be signed and dated and must
contain the information requested on the form, including:
(i) The name, address, telephone number, and license number
(including expiration date) of the importer;
(ii) The country from which the firearm, firearm barrel, or
ammunition is to be imported;
(iii) The name and address of the foreign seller and foreign
shipper;
(iv) A description of the firearm, firearm barrel, or ammunition to
be imported, including:
(A) The name and address of the manufacturer;
(B) The type (e.g., rifle, shotgun, pistol, revolver and, in the
case of ammunition only, ball, wadcutter, shot, etc.);
(C) The caliber, gauge, or size;
(D) The model;
(E) The barrel length, if a firearm or firearm barrel (in inches);
(F) The overall length, if a firearm (in inches);
(G) The serial number, if known;
(H) Whether the firearm is new or used;
(I) The quantity;
(J) The unit cost of the firearm, firearm barrel, or ammunition to
be imported;
(v) The specific purpose of importation, including final recipient
information if different from the importer;
(vi) Verification that if a firearm, it will be identified as
required by this part; and
(vii)(A) If a firearm or ammunition imported or brought in for
scientific or research purposes, a statement describing such purpose; or
(B) If a firearm or ammunition for use in connection with
competition or training pursuant to Chapter 401 of Title 10, U.S.C., a
statement describing such intended use; or
(C) If an unserviceable firearm (other than a machine gun) being
imported as a curio or museum piece, a description of how it was
rendered unserviceable and an explanation of why it is a curio or museum
piece; or
(D) If a firearm other than a surplus military firearm, of a type
that does not fall within the definition of a firearm under section
5845(a) of the Internal Revenue Code of 1986, and is for sporting
purposes, an explanation of why the firearm is generally recognized

[[Page 59]]

as particularly suitable for or readily adaptable to sporting purposes;
or
(E) If ammunition being imported for sporting purposes, a statement
why the ammunition is particularly suitable for or readily adaptable to
sporting purposes; or
(F) If a firearm barrel for a handgun, an explanation why the
handgun is generally recognized as particularly suitable for or readily
adaptable to sporting purposes.
(2)(i) If the Director approves the application, such approved
application will serve as the permit to import the firearm, firearm
barrel, or ammunition described therein, and importation of such
firearms, firearm barrels, or ammunition may continue to be made by the
licensed importer under the approved application (permit) during the
period specified thereon. The Director will furnish the approved
application (permit) to the applicant and retain two copies thereof for
administrative use.
(ii) If the Director disapproves the application, the licensed
importer will be notified of the basis for the disapproval.
(c) A firearm, firearm barrel, or ammunition imported or brought
into the United States or a possession thereof under the provisions of
this section by a licensed importer may be released from Customs custody
to the licensed importer upon showing that the importer has obtained a
permit from the Director for the importation of the firearm, firearm
barrel, or ammunition to be released. The importer will also submit to
Customs a copy of the export license authorizing the export of the
firearm, firearm barrel, or ammunition from the exporting country. If
the exporting country does not require issuance of an export license,
the importer must submit a certification, under penalty of perjury, to
that effect.
(1) In obtaining the release from Customs custody of a firearm,
firearm barrel, or ammunition authorized by this section to be imported
through the use of a permit, the licensed importer will prepare ATF Form
6A, in duplicate, and furnish the original ATF Form 6A to the Customs
officer releasing the firearm, firearm barrel, or ammunition. The
Customs officer will, after certification, forward the ATF Form 6A to
the address specified on the form.
(2) The ATF Form 6A must contain the information requested on the
form, including:
(i) The name, address, and license number of the importer;
(ii) The name of the manufacturer of the firearm, firearm barrel, or
ammunition;
(iii) The country of manufacture;
(iv) The type;
(v) The model;
(vi) The caliber, gauge, or size;
(vii) The serial number in the case of firearms, if known; and
(viii) The number of firearms, firearm barrels, or rounds of
ammunition released.
(d) Within 15 days of the date of release from Customs custody, the
licensed importer must:
(1) Forward to the address specified on the form a copy of ATF Form
6A on which must be reported any error or discrepancy appearing on the
ATF Form 6A certified by Customs and serial numbers if not previously
provided on ATF Form 6A;
(2) Pursuant to Sec. 478.92, place all required identification data
on each imported firearm if same did not bear such identification data
at the time of its release from Customs custody; and
(3) Post in the records required to be maintained by the importer
under subpart H of this part all required information regarding the
importation.

(Paragraph (b) approved by the Office of Management and Budget under
control number 1512-0017; paragraphs (c) and (d) approved by the Office
of Management and Budget under control number 1512-0019)

[T.D. ATF-270, 53 FR 10498, Mar. 31, 1988, as amended by T.D. ATF-426,
65 FR 38198, June 20, 2000]

The U.S. Code cite for the relevant law on possession of an unimportable imported gun is 18 USC 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.

This refers you to 18 USC 925(d)(3), as follows:

(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.

The Attorney General shall permit the conditional importation or
bringing in of a firearm or ammunition for examination and testing
in connection with the making of a determination as to whether the
importation or bringing in of such firearm or ammunition will be
allowed under this subsection.

(e) Notwithstanding any other provision of this title, the
Attorney General shall authorize the importation of, by any
licensed importer, the following:

(1) All rifles and shotguns listed as curios or relics by the
Attorney General pursuant to section 921(a)(13), and

(2) All handguns, listed as curios or relics by the Attorney
General pursuant to section 921(a)(13), provided that such
handguns are generally recognized as particularly suitable for or
readily adaptable to sporting purposes.

(f) The Attorney General shall not authorize, under subsection
(d), the importation of any firearm the importation of which is
prohibited by section 922(p).

 

[Cosmoline]

Thanks for those quotes. This is the part that interests me in particular:

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.

Now, if the firearm in question was allowed to be imported under 18 USC 925(d)(3), which it presumably was since it is in the country with the stamp of an importer, then how can changes made to it after importation render it prohibited from importation? It strikes me that BATFE has taken an import law and stretched it into a nationwide ban on possession.

 

[MudPuppy]

It strikes me that BATFE has taken an import law and stretched it into a nationwide ban on possession.

Exactly. Except in the written regulation it is explicit in regards to importing or assembling. Possession is not defined and therefore isn't (or rather, should not be) a problem. Not a lawyer, just a subject.

 

[Cosmoline]

That's an interesting point. Once an imported firearm is made illegal by adding some disallowed part, is there any restriction on the possession or transfer of such a firearm?

 

[gc70]

Now, if the firearm in question was allowed to be imported under 18 USC 925(d)(3), which it presumably was since it is in the country with the stamp of an importer, then how can changes made to it after importation render it prohibited from importation?

The firearm was legal to import in the configuration in which it existed at the time of importation. If parts are changed on the firearm, a new firearm has been 'assembled' and the new configuration of the newly assembled firearm would have to meet the import requirements.

 

[Cosmoline]

It's just bugging me. Every single thing that gets imported, including live animals, has to pass some muster or other. There has to be approval by one or more agencies and the item has to meet a long list of qualifications. But after that, the whole issue becomes moot. You don't render your imported car illegal even if you put an engine in it that would never have been permitted to come in under the particular requirements in place at that time. You can take a little Toyota car and make it into some monster truck with huge tires and the feds can't arrest you for importing a truck in the compact car category.

The whole thing just smells funny to me.

 

[DoubleTapDrew]

You can take a little Toyota car and make it into some monster truck with huge tires and the feds can't arrest you for importing a truck in the compact car category.

You can't overthrow a gov't and effectively put them out of a job with a monster truck so they don't care.
I think the crux of the matter is if they make a jumbled web of obscure gun laws (which there already is) they can always pop you for something, and by claiming it's an import/commerce law issue and not a gun restriction they sidestep the second amendment.
Half the people on this site sound like lawyers, citing obscure laws and dissecting them just trying to stay legal. It IS confusing.

 

[precisionshootist]

The whole thing just smells funny to me.

That smell is the BATFE!

 

[mons meg]

You can't overthrow a gov't and effectively put them out of a job with a monster truck so they don't care.

I dunno....have you SEEN Cosmoline's truck?

 

[Cosmoline]

LOL I destroyed my truck, or rather Alaska did. I'm on a bicycle now, though it is a fearsome and fully armed velocipede.

 

[TallPine]

I think what I would do is go out in my backyard some very dark night, look all around just to make sure no one is watching, and then stick the bayonet on the rifle. After a suitable time - say 30 minutes or until I got cold - I would take the bayonet off the rifle and go back inside, satisfied that I had successfully defied the mighty US Government.

 

[Cosmoline]

Actually, it really does appear that if some gnome comes in and puts the bayonet on the thing, I will be fine. The gnome will be facing hard time, but though it boggles even my lawyer brain, the rules appear to make it illegal to put a bayonet on an SKS imported without one, but not illegal to own such a rifle or to sell it.

Heck, don't ask me to explain it. I just went to law school and practice law.

 

[Hkmp5sd]

then how can changes made to it after importation render it prohibited from importation?

The purpose of 922(r) is to prevent circumventing the "sporting clause" by importing parts and assembling the firearm inside the US. This is what you are doing if you take a post-89 Norinco SKS and add a bayonet. This is also the reason they had to come up with 478.39, which defines what is and is not an imported firearm.

As you have figured out, 922(r) makes the act of assembling a firearm not legal for importation illegal. It does not make possession of that firearm illegal. It does make that firearm contriband if ATF should decide they want to seize it.