The Barrel Ban Is Extended Till Dec-31-05!

[recon]

U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Assistant Director
August 12, 2005
REVISED OPEN LETTER TO FEDERALLY LICENSED FIREARMS IMPORTERS
AND REGISTERED IMPORTERS OF U.S. MUNITIONS IMPORT LIST ARTICLES
The purpose of this open letter is to provide important updated information to importers
concerning the lawful importation of certain frames, receivers and barrels.
Extension of Time to Effect Importation of Approved Permits for Frames, Receivers or
Barrels of Firearms Under Title 18 U.S.C. § 925(d)(3)
As noted in our prior Open Letter dated July 13, 2005, section 925(d) provides “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.” ATF concluded that this language permits no exceptions that
would allow frames, receivers or barrels for otherwise nonimportable firearms to be imported
into the United States. Accordingly, ATF announced that it would no longer approve ATF Form
6 applications for importation of any frames, receivers, or barrels for firearms that would be
prohibited from importation if assembled. No exceptions to the statutory language, for example
for “repair or replacement” of existing firearms, will be allowed.
In the July 13, 2005, Open Letter, ATF recognized that importers relying upon ATF’s prior
policy may suffer economic harm, particularly those who hold approved permits. To mitigate
the impact of the new policy, ATF provided that it would forego enforcement of section
925(d)(3) for 60 calendar days from the date of the Open Letter for those importers who had
obtained import permits for barrels and receivers for nonimportable firearms for "repair or
replacement."
Following consultations with the industry and further examination of the number and types of
barrels and receivers authorized for importation on approved permits, ATF has decided to extend
the period of time for importers to act upon previously approved import permits. ATF believes
this extended period affords ample time for importers who have entered into binding contracts in
reliance upon approved permits to bring their shipments into the United States for entry into
commerce. Importers holding ATF approved permits to import frames, receivers, or
barrels for otherwise nonimportable firearms for repair or replacement may continue to
use such permits through December 31, 2005. Effective January 1, 2006, these permits will
be suspended.

-2-
Importers holding unexpired approved permits will be receiving a letter notifying them that their
permits will be suspended effective January 1, 2006. ATF will advise Customs and Border
Protection that in no event should these permits be accepted to release these items for entry into
the United States on or after January 1, 2006.
Importers are reminded that no new permits for these items will be issued, including the issuance
of permits that would be necessary to remove frames, receivers or barrels that are currently held
or may be placed in a Customs Bonded Warehouse or Foreign Trade Zone. Importers are also
advised that ATF previously approved permits for nonimportable barrels and receivers are for
repair or replacement only, and this restriction was stamped on the face of the permit. Importers
who import such components for any purpose other than repair or replacement of existing
firearms, e.g., for assembly into new firearms, will be exceeding the scope of the import
authorization in violation of law. If ATF determines, through inspection or otherwise, that an
importer willfully violates the import provisions of the GCA, the importer's license is subject to
revocation pursuant to 18 U.S.C. § 923(e).
Maintaining open lines of communication is vital to the successful future of ATF’s partnership
with the import community. The Firearms and Explosives Imports Branch staff is available to
answer your questions about the issues addressed in this letter. You may reach us by phone at
(202) 927-8320 or by fax at (202) 927-2697. Additional information regarding this issue will be
provided on our Website at www.atf.gov.
Sincerely yours,
Lewis P. Raden
Assistant Director
Enforcement Programs and Services

 

[hifi]

Don't worry, Bush, Gonzalez the grabber and the Republican majority will save us.

 

[TheOtherOne]

it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled

Since I'm not making prohibited firearms from these barrels I don't see why they can't just keep on importing them?

 

[Flyboy]

Uh, hifi, as much as I dislike President Bush, this appears to be a good thing. It looks like they've extended the deadline for getting stuff into the country. To wit:

Following consultations with the industry and further examination of the number and types of barrels and receivers authorized for importation on approved permits, ATF has decided to extend the period of time for importers to act upon previously approved import permits.

It still shouldn't be there at all, but others have quoted the law (passed by Congress) as forbidding the import of barrels, so, legally, the President's hands are tied.

The real question is "how do we overturn this 'sporting purposes' BS once and for all?"

 

[Third_Rail]

$10 says they import more in the next few months than they have in the past few years.

 

[Jay Kominek]

$10 says they import more in the next few months than they have in the past few years.

All the importers are probably at the bank taking out loans so they can buy every last parts kit available on the market today.

 

[Zundfolge]

Don't worry, Bush, Gonzalez the grabber and the Republican majority will save us.

Yeah, and President Kerry would have been outraged at this egregious act by the ATF and fired the lot of them

 

[femoralis]

"Sporting use" means pretty much whatever the ATF says, right? If Bush wanted to let more military still weapons in, I suppose he could instruct the ATF to re-evaluate their regs... that's how the fun guns got banned from import in the first place, by Bush I and Clinton.

 

[JohnKSa]

The "barrel ban" isn't such a big deal as far as I can tell.

I have owned three "AK-47" style rifles that were imported as sporting firearms under the law in question. I assume, therefore, that a barrel for one of them would be a barrel for a sporting firearm and would therefore be importable. It wouldn't have the bayo lug and wouldn't be threaded, but I believe that the current laws would allow those features to be legally added after importation.

Parts kit barrels are gone, but that doesn't stop barrel imports specifically for models that have been declared to be "sporting firearms."

And, of course, this law has absolutely no effect on domestically made barrels.

 

[c_yeager]

$10 says they import more in the next few months than they have in the past few years.

Importers need to obtain permits from the ATF to import parts kits w/ barrels. I will bet you a dollar that the ATF is gonna drag its feet on approval of those permits to ensure that this doesnt happen. And if that dosent work, I am sure that customs is going to be *extra* "vigilant", and get the same results.

 

[hifi]

Uh, hifi, as much as I dislike President Bush, this appears to be a good thing. It looks like they've extended the deadline for getting stuff into the country.

Excuse me if I don't start jumping up and down with glee.

Yeah, and President Kerry would have been outraged at this egregious act by the ATF and fired the lot of them

Always the stupidest comment. That because Kerry would have most likely done the same, it's ok for Bush to do it. What a fricken scam. People with this attitude deserve to be slaves though. Enjoy serfdom.

 

[TMM]

what pisses me off most is that there is no reason for them to do this except limit and control what gun owner's can have.

is this like the AWB where it will end after X years?

damn sure hope so...

~TMM

 

[Third_Rail]

TMM, no. This is something that was in law but the ATF itself ignored it for a few years. The new AG won't let them do that anymore.

 

[Bartholomew Roberts]

"Sporting use" means pretty much whatever the ATF says, right? If Bush wanted to let more military still weapons in, I suppose he could instruct the ATF to re-evaluate their regs... that's how the fun guns got banned from import in the first place, by Bush I and Clinton.

Actually, the definition of military style semi-automatics that are banned from import is part of a law that was passed in 1991. In this case, ATF is just interpreting that law.

 

[JohnKSa]

is this like the AWB where it will end after X years?

This is NOT a new law!

The roots for this law were passed in the late 1960's. That law states that if a firearm is not importable due to not being a "sporting firearm" that the barrel and receiver may not be imported either.

When the 1991 law went into effect, it defined a new group of "non-sporting" firearms. Although this should have had the effect (in conjunction with the 1960s law) of banning these new firearms, their receivers AND barrels from being imported, the ATF for some reason did not immediately begin enforcing the barrel part of the import ban.

Now they're going to start enforcing the law as it was written.

 

[hso]

All the current administration would have to do is direct the Justice Department to declair all the milsurps used in service rifle matches and reinactments to be suitable for "sporting purposes", but that ain't gonna happen. Here we have a president that doesn't have to worry about getting re-elected and all he'd have to do is acknowledge that collectors and reinactors and target shooters purchase guns for "sporting purposes" :banghead:

 

[JohnKSa]

hso,

The 1991 law is very specific in regard to what firearms are not sporting/importable and the 1960's law is very specific about barrels for anything that is not importable/sporting ALSO not being importable. An executive pronouncement is not going to be effective where it directly contradicts the law. Sorry, this just isn't something that can be blamed on W.

 

[woerm]

blame who?

JohnKsa,

this 'reinterpretation' was made by A Gonzales run injustice dept, he was hired by George the Duce,

who else do we blame if a reptile appointed AG tell his gungrabbiing staff at ftroop to cut off the supply of spares.

Even fry em all Janet from the Klintoon admin left this one alone.

but Alberto and his gungrabbers just had to do something vile since the AW ban went away.

r

yes I've already hollered at all my misreptiles.

worthless sacks of fresh fertilzer they all are.

 

[JohnKSa]

It's not a "reinterpretation", the law is very clear and has been for years.

 

[LAR-15]

We are the BATFE and we can violate the law.

Uh technically it's NOT legal to allow the import of these parts at all under the law as currently written except for assembly to sell to govt agencies. Barrels, ect, for non sporting firearms should have never been imported.

As much as I don't like it, the law is the law and has been since 1968.

Finally somebody called the BATFE on it.

 

[c_yeager]

Blame the legislature for pasing this law, blame the courts for not striking it down, but you cant really blame the ATF for doing the job that we pay them to do. There are people who are responsible for this travesty, and blaming the wrong folks is giving the actual perpetrators a free pass.

 

[Bartholomew Roberts]

JohnKsa,

this 'reinterpretation' was made by A Gonzales run injustice dept, he was hired by George the Duce,

Actually, it was Janet Reno with the Clinton Justice Department who cut off import of barrels, frames, and receivers following both the 1991 law defining semi-automatics with the ability to accept a "large-capacity magazine" as non-sporting and the original 1968 GCA.

When Bush took office in 2000, Ashcroft decided that it was OK to allow import of parts kits for "repair or replacement purposes only". Since then ATF has determined that the law allows no loophole for repair or replacement only and have banned the import of those parts again.

 

[MudPuppy]

For those that say the barrel ban isn't a big thing--wrong. It impacts the ability of the ordinary hobbyist/gun owner to build rifles. It's another step towards restriction/infringement as we move towards total, UN-approved firearm restriction.
Second, the idea that massive ammounts will be imported is also incorrect--the extension gives importers time to get existing permits resolved. No new permits for barrels are being issued.
And the idea of simply "importing barrels for the other guns already here" doesn't fly because the parts kits are more easily assembled if the headspace is preserved. Same with simply making barrels here. Increased price of barrels and expense of having them headspaced would double the price of this hobby (look at your favorite firearm--now imagine its price just INSTANTLY doubled. Sure, good for you if you've got one, but what about your fellow community members that will now be gouged?)
And that's just with the AK series. Who's going to make Soumi or PPSH or DP-28 barrels?

This is an example of the government not wanting law abiding citizens to own "evil" guns. They've taken the FAs away, worked on taking the "assault weapons" (even if they failed, they'll be back), and they're working on taking away the .50s.

The goal is disarmament of the citizens and this is another example of where they're surely MOLON LABE'ing us with this whole thing.

 

[Bartholomew Roberts]

This is an example of the government not wanting law abiding citizens to own "evil" guns.

More like it is an example of domestic manufacturers not wanting competition from cheap and plentiful imports.

 

[TheOtherOne]

In this case, ATF is just interpreting that law.

Incorrectly, of course. I've said it probably 10 times already but I've built a number of 100% LEGAL weapons using parts kits with imported barrels. These barrels are not being imported to assemble non-importable weapons. They are being used to assemble legal, American-made firearms.