PDA

View Full Version : 922r applicability to NFA registered SBR's - am I right or wrong.


ptoguy2002
07-31-2012, 10:44 AM
Are SBR's subject to 922r US made parts count?
Carry over from a different forum, looking for the knowledgeable legal opinions here. (Yes, I know there are ATF letters going one way, the other way, and half way in between, but in reading the law for myself, this is what I come up with.) And yes, I know this doesn't pertain to California, but it is 2A law.

A short barreled rifle falls under the definition of "firearm" under 5845(a) of the tax code.

(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;


Here 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.

Here is 925 (d)(3):
(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

Note that an SBR DOES fall within the definition of a firearm, and is therefore NOT covered under 925(d)(3).
The rest of any applicability of the sporting bit of 925(d)(3) doesn't matter because it says "AND."
By a strict reading of the law, SBR's are not subject to 922(r).
**--->Am I right or wrong???

ptoguy2002
08-01-2012, 3:32 PM
So I suppose Warnock's dilemma applies here.
Number 1 and 2 aren't it, I was wondering if it was 3, 4, or 5.
I was thinking 5, as this is California, and the topic really isn't applicable, but then I saw the number of thread views, I'm pretty sure it is 3.