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  • virulosity
    Senior Member
    • Oct 2006
    • 1569

    Just noticed something...

    Have you ever noticed that on many handguns, there are different model levels but the name on the slide is still the same on every gun? For example: the slide on a mosquito sport is exactly the same on a mosquito. The only noticeable difference is the barrel weight. So my question is: what is stopping me from importing this handgun, because afterall the name on the slide, and the finish of the gun is the same as the listed model? I am sure I am missing something
  • #2
    Fjold
    I need a LIFE!!
    • Oct 2005
    • 22872

    The law specifies make and model.
    Frank

    One rifle, one planet, Holland's 375




    Life Member NRA, CRPA and SAF

    Comment

    • #3
      virulosity
      Senior Member
      • Oct 2006
      • 1569

      yes, but the make is sig and the model is mosquito

      Comment

      • #4
        Shane916
        Calguns Addict
        • Feb 2006
        • 5004

        As you are aware these are on the list:

        Mosquito (Reversed Two-Tone) / Steel, Polymer Pistol 4" .22 LR
        Mosquito / Steel, Polymer Pistol 4" .22 LR
        Mosquito Green / Steel, Polymer Pistol 4" .22 LR
        Mosquito Two Tone / Steel, Polymer Pistol 4" .22 LR

        The big difference is the sport has a 4.9" (pretty much 5") barrel length.

        I see your point but it would be illegal to import and register the Sport as a regular Mosquito.
        Last edited by Shane916; 09-07-2007, 10:38 PM.

        Comment

        • #5
          virulosity
          Senior Member
          • Oct 2006
          • 1569

          I guess I picked a bad example. Lets assume the barrel length is the same, or you ship it to an out of state FFL and have them change barrels. I guess this would still be illegal though. I was just trying to see if there was a way to undo modifications such that an off list pistol becomes on list so that you can legally register it, then legally modify it how ever you want.

          Comment

          • #6
            bwiese
            I need a LIFE!!
            • Oct 2005
            • 27621

            The gun sold can't be appreciably different in materials/design/structural matters from the gun that was approved and drop tested. The only exceptions allowed are variations in sights and grips. Even if a diffferent finish/coating is used, that's a different gun requiring a separate filing.
            Last edited by bwiese; 09-08-2007, 1:57 PM.

            Bill Wiese
            San Jose, CA

            CGF Board Member / NRA Benefactor Life Member / CRPA life member
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            No postings of mine here, unless otherwise specifically noted, are
            to be construed as formal or informal positions of the Calguns.Net
            ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
            employer. No posts of mine on Calguns are to be construed as
            legal advice, which can only be given by a lawyer.

            Comment

            • #7
              virulosity
              Senior Member
              • Oct 2006
              • 1569

              I guess the key there is "appreciably" different. Thanks for the input. I'll just wait till these guns finally make the list (if they ever do).

              Comment

              • #8
                allenst65
                Member
                • Nov 2005
                • 343

                Originally posted by bwiese
                The gun sold can't be appreciably different in materials/design/structural matters from the gun that was approved and drop tested. The only exceptions allowed are variations in sights and grips. Even if a diffferent finish/coating is used, that's a different gun requiring a separate filing.
                Actually, the section quoted below seems to give manufacturers a method for piggybacking a new models onto an already approved model provided they simply have a new finish/coating.

                As long as they're not changing the composition, adding a new finish color should be allowed. Any manufacturer should be allowed to polymer coat in any color or hardchrome/nickel/parkerize/etc any handgun as long as the base composition stays the same as the approved model.

                Taking it one step further, on something like a Glock, XD, M&P, etc, if the manufacturer claims the composition of a frame is the same base polymer, they could possibly push through new colors such as OD, sand, gray onto an existing approved black framed model under this section, provided they make the formal request. While some may scoff that the color in a polymer frame is not a 'finish' since it is contained throughout the polymer and not simply on the surface, I would hope that manufacturers could sensibly argue that colorants are not defining characteristics of the polymer used to construct frames, particularly since they are 'purely cosmetic features'.

                So, why aren't manufacturers doing this?


                "12131.5. (a) A firearm shall be deemed to satisfy the requirements of subdivision (a) of Section 12131 if another firearm made by the same manufacturer is already listed and the unlisted firearm differs from the listed firearm only in one or more of the following features:
                (1) Finish, including, but not limited to, bluing, chrome-plating, oiling, or engraving.
                (2) The material from which the grips are made.
                (3) The shape or texture of the grips, so long as the difference in grip shape or texture does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.
                (4) Any other purely cosmetic feature that does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.
                (b) Any manufacturer seeking to have a firearm listed under this section shall provide to the Department of Justice all of the following:
                (1) The model designation of the listed firearm.
                (2) The model designation of each firearm that the manufacturer seeks to have listed under this section.
                (3) A statement, under oath, that each unlisted firearm for which listing is sought differs from the listed firearm only in one or more of the ways identified in subdivision (a) and is in all other respects identical to the listed firearm.
                (c) The department may, in its discretion and at any time, require a manufacturer to provide to the department any model for which listing is sought under this section, to determine whether the model complies with the requirements of this section."

                Comment

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