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View Full Version : 922(r) and importation?


wash
01-29-2009, 4:58 PM
Since the federal AW ban has expired, I wonder about a few things.

I don't know the exact language but it seems like 922(r) applies to "prohibited type" weapons and I think that means prohibited from importing.

Now since there is no longer a federally prohibited AW type, what is stopping the import of a FAL receiver? I know that customs or whoever approves firearm imports isn't letting them in but why not?

And if nothing is prohibted, does the U.S. parts count matter any more?

I believe my PS90 was imported from Belgium, how did that work?

Any way, this looks like low hanging fruit to me, if we can use 100% imported parts that will make kit built guns a lot cheaper and easier to put together. If we can import receivers and barrels for formerly prohibited guns that will push prices back a few years.

I wouldn't mind getting a bunch of $200 Imbel FAL receivers if I could.

ke6guj
01-29-2009, 5:08 PM
Since the federal AW ban has expired, I wonder about a few things.

I don't know the exact language but it seems like 922(r) applies to "prohibited type" weapons and I think that means prohibited from importing.

Now since there is no longer a federally prohibited AW type, what is stopping the import of a FAL receiver? I know that customs or whoever approves firearm imports isn't letting them in but why not? 922(r) does not refer to AW types, but to "non sporting" firearms. An AK-type firearm with a pistol grip and large capacity magazine is "non-sporting" and not importable.

And if nothing is prohibted, does the U.S. parts count matter any more?yup, if you are converting a "sporting" firearm into a non-sporting firearm.

I believe my PS90 was imported from Belgium, how did that work?would have to have been configured into a sporting configuration to be importable.

wash
01-29-2009, 5:12 PM
Is there still anything as a "non-sporting" firearm?

Shooting is a sport, that's good enough for me.

ke6guj
01-29-2009, 5:17 PM
Is there still anything as a "non-sporting" firearm?

Shooting is a sport, that's good enough for me.Yup, most black rifles are considered non-sporting. Plinking is not considered a sport. "sporting purposes" pretty much only applies to hunting and some target shooting. Having a "combat-type" competition, even though a recognized sport, is not considered a "sporting purpose" for means of importation or possession.

bwiese
01-29-2009, 5:19 PM
You're commingling separate issues.

The Fed AW ban indeed has expired in 2004. Outside of CA, you can now have a semiauto centerfire rifle with detachable magazine and a host of 'evil features' like pistol grips, flash hider, telestock, etc.

However, 922(r) - and related regulatory code 27 CFR 478.39 - deals with 'sporting purposes' vs 'military style', and regulates foreign parts content of 'unsporting' rifles. It's a whole separate body of law that is still in force.

If your AR were to have a bunch of foreign parts on it it would have to be 922(r) compliant with sufficient US-mfg parts as well - it's just that USA has the market cornered on AR parts.

It doesn't matter much who made the receiver, either: buildups on even a US-mfgd FAL clone receiver (say, DSA or Entreprise) are still subject to 922(r): it's about whether or not there's 10 or less 'key foreign parts' as per the BATF key parts list. This is why there are US mfgd 'compliance parts' kits for FALs and AKs.

Your PS90 was somehow considered to be 'sporting' by BATF - perhaps thumbhole stock, dunno. It's somewhat subjective and I believe individual decisions can be appealed.

Actual importation of receivers and other key gun parts by gun importers is subject to separate body of law (ITAR/State Dept., BATF, etc.)

Quiet
01-30-2009, 12:24 AM
The 1994 Federal assault weapon did not create the "sporting purpose" standard for importation.

The Gun Control Act of 1968 created the "sporting purpose" standard for importing firearms into the USA.


To get around the "sporting purpose" standard for importation, several manufactures have set up shop in the USA, import some parts and make the rest in the USA.
Manufacturers such as...
FNH = PS90, FS2000, SCAR 16S, SCAR 17S
H&K = MR556
Steyr = AUG-A3 SA
SIG = SIG-556

wash
01-30-2009, 9:21 AM
You're commingling separate issues.

The Fed AW ban indeed has expired in 2004. Outside of CA, you can now have a semiauto centerfire rifle with detachable magazine and a host of 'evil features' like pistol grips, flash hider, telestock, etc.

However, 922(r) - and related regulatory code 27 CFR 478.39 - deals with 'sporting purposes' vs 'military style', and regulates foreign parts content of 'unsporting' rifles. It's a whole separate body of law that is still in force.

If your AR were to have a bunch of foreign parts on it it would have to be 922(r) compliant with sufficient US-mfg parts as well - it's just that USA has the market cornered on AR parts.

It doesn't matter much who made the receiver, either: buildups on even a US-mfgd FAL clone receiver (say, DSA or Entreprise) are still subject to 922(r): it's about whether or not there's 10 or less 'key foreign parts' as per the BATF key parts list. This is why there are US mfgd 'compliance parts' kits for FALs and AKs.

Your PS90 was somehow considered to be 'sporting' by BATF - perhaps thumbhole stock, dunno. It's somewhat subjective and I believe individual decisions can be appealed.

Actual importation of receivers and other key gun parts by gun importers is subject to separate body of law (ITAR/State Dept., BATF, etc.)
Well, I'm still confused, but then do any anti-gun laws make sense?

Speaking of these issues, is getting rid of 922(r) and the importation ban in the legal game plan? It would suck if it was the only remaining piece of anti-gun legislation after you guys have defeated everything else.