Oversight of 922(r) Penalties ?

[striker754]

As everyone probably knows 922(r) says:

(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.

The related CFR (27CFR478.39) states:

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
(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



Now, 18 USC 924 governs penalties for unlawful acts described in 18 USC 922.

Penalties for (r) are NOT mentioned in this section.


Below mentions the references to 922(r) in the now gone Assault Weapons Ban. The AWB provided for penalties for 922(r) however these are no longer on US books.


Pub. L. 103-322, Sec. 110102(c)(1), which substituted "(r), or

(v) of section 922" for "or (q) of section 922", was repealed by

Pub. L. 103-322, Sec. 110105(2). See Effective and Termination

Dates of 1994 Amendment note below.


Subsec. (a)(1)(B). Pub. L. 103-322, Sec. 330002(h), which

directed amendment of subpar. (B) by substituting "(r)" for "(q)",

was repealed by Pub. L. 104-294, Sec. 603(n), which provided that

Sec. 330002(h) shall be considered never to have been enacted.


So, 922(r) is on the books, but there are no penalties for it Any opinions on this?

[Sherman]

Please name for me the people who have been prosecuted for being in violation of ONLY these laws. Not meaning to pick on you, but anybody???? Only these Laws. Are these not "tack on" charges for when some idiot sells 100% receivers without a lisense and things like that??

[DARIVS ARCHITECTVS]

Can't name anyone, but who would be foolish enough to leave yourself exposed to prosecution, ESPECIALLY if you own an expensive machinegun? ANYONE?

[DEADLINE222]

Belive it or not, according to a local gun store owner the BATF set up a sting at the local firing range that is located within a state park here in Charleston, WV.

He is aware of the happenings because the defendent's lawyers were calling him and asking for him to testify that 922r is not well known by majority of gun owners, ect.

The people arrested all had SKS rifles that had been converted to accept a detachable magazine, making a once C&R apply to 922r.

The BATF was in an unmarked veichle parked in the parking lot with 3 or so officers in it.

After the accused was done firing, and had removed the magazine from the weapon, the plain clothed officer would ask to hold the weapon to admire it.

The way they got the owners was when they asked the question: "neat rifle, did you assemble/modify it yourself?"

"Yes"....guilty of ASSEMBLING a non-sporting rifle from imported parts.

That was months ago and i never heard anything again. Part of me belives this story, part does not. Simply because I have yet to encounter a hand held device that automatically spits out a ticket dictating the country of origin native to rifle parts.

Belive what you want.....but don't be stupid.

[Cpt_Kirks]

Can't name anyone, but who would be foolish enough to leave yourself exposed to prosecution, ESPECIALLY if you own an expensive machinegun? ANYONE?

922r does not apply to NFA devices.

[DEADLINE222]

I would imagine that what he means is: If you were to be charged with a 922r violation and found guilty and you owned a NFA weapon, you would have to surrender it, for being a convicted felon.

However, conserning such NFA weapons such as short barreled rifles; 922r most definitely applies.

[striker754]

I would imagine that what he means is: If you were to be charged with a 922r violation and found guilty and you owned a NFA weapon, you would have to surrender it, for being a convicted felon.

However, conserning such NFA weapons such as short barreled rifles; 922r most definitely applies.

No it doesnt. Only to nonimportable rifles and shotguns.


Now you could be charged with 922r, but if there are no penalties for it....

[okie shooter]

A link to this thread got posted on a gun board I frequent, this is a new slant on 922, so I thought I would post a responce here too.

Since 922r seems to still be on the books, from the penalty section as stated above

from this site http://www4.law.cornell.edu/uscode/h...4----000-.html

TITLE 18 > PART I > CHAPTER 44 > § 924Prev | Next§ 924. Penalties

(a)
(1) Except as otherwise provided in this subsection, subsection (b), (c), or (f) of this section, or in section 929, whoever— (A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;
(B) knowingly violates subsection (a)(4), (f), (k), or (q) of section 922;
(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922 (l); or
(D) willfully violates any other provision of this chapter, shall be fined under this title, imprisoned not more than five years, or both.

Looks like there is not a specific mention of 922r in the penalties, but as the first line of 922r says " It shall be unlawful" and it is covered by the last line as I have quoted above, "D".

"(D) willfully violates any other provision of this chapter,
shall be fined under this title, imprisoned not more than five years, or both."

So if its not mentioned there specifically, there still is a fine and a specific mention of prison. I may not be a lawyer and didn't stay at a Holliday Inn Express last night( I can read the law though) but it is covered by that omnibus statement there. I don't think the ATF is going to let that slip by.

[striker754]

Good find! You are right!