GUN Oversight of 922(r) penalties

Discussion in 'On Topic' started by striker754, Nov 9, 2006.

  1. striker754

    striker754 Chillin

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    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?
     
  2. Gimik

    Gimik New Member

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    If I remember correctly, no one has ever been charged for a 922 shotgun violation :dunno: and I think only 2 people have ever been charged for rifles. I don't remember the penalties the received though.
     
  3. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    I think the only way they'll get you on charges for 922r violations is if they also got you on something more serious.
     
  4. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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