The Firing Line Forums - View Single Post - Is my foreign semi-auto rifle/shotgun legal?

expeditionx · February 7, 2006, 07:45 PM

http://www.soupbowl.kalashnikov.guns.ru/Page10.html

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SoupBowl Enterprises

April 13, 1998
Ed Owen
Head of BATF Tech Branch Washington DC.

Mr Owen,

Section 178.39(a) States: "No Person Shall Assemble a semiauto-matic rifle or any shotgun using 10 or more imported parts listed in Paragraph © of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being suitable for or readily adaptable to sporting purposes."

My questions are these:

1...How does this LAW deal with Taking ....lets say a MAK-90(which was BANNED by President Clinton in his LATEST executive order) with a thumbhole stock.... and placing a pistol grip and regular type buttstock on the MAK-90? Since Mr. Clinton has made the MAK-90 thumbhole stock rifle a NON-IMPORTABLE rifle, and the rifles that have pistol grips are non importable as well; How does 178.39 deal with this situation. This law deals with making a rifle,(from imported parts), that is prohibited from importation. Since both of these types of rifles are now NON importable, does section 178.39 apply to the rifles already in the USA? If one were to take an imported pistol grip and regular style buttstock and place it on a MAK-90(non importable) would this be a violation? Both of the rifles(MAK-90 and the MAK-90 w/pistol grip) are non importable and it would not change the status of the firearm.

2...OR does section 178.39 NOW say that it is illegal to build even a thumbhole style MAK-90 using 10 or more imported parts?

3...IS it now legal to add a pistol grip and buttstock to a MAK-90 (using more than 10 imported parts) with a thumbhole stock since the host rifle and the finished rifle are BOTH non importable?

4..Is it legal to take a pistol grip off of a PRE 89 AK and replace it with a thumbhole style stock?

5..Are norinco, Mitchell, and poly techs, OWNED prior to 9-13-94, considered to be GRAND FATHERED semiauto-matic Assault weapons as defined by name in the LAW, regardless of wither or not they have TWO evil features or not?

6..Why would it be illegal to assemble a rifle without a thumbhole style stock if the thumbhole stocks are now considered illegal too. Sincerely
_________________________

Wesley J. Drennan

Owner: SoupBowl Enterprises

cc.Ed Owen

cc.Senator Lauch Faircloth [/COLOR][/U][/U]

Dept of Treasury ....BATF.... Washington DC.

MAY-11-1998

F:SD:FTB:CHB
3311
Mr. Wesley
SoupBowl Enterprises

Dear Mr.

This refers to your letter of April 13, 1998, in which you ask about modifications to certain semiautomatic rifles.

Title 18, United States code (U.S.C.) section 922(r) prohibits assembly of certain semiautomatic rifles from imported parts. The implempting regulation in Title 27, code of federal regulations, part 178, section 178.39, provides that no person shall assemble a semiautomatic rifle using more thhan 10 imported parts listed in paragragh (c) of this section if the assembled rifle is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to a sporting purposes.

Certain firearms including the MAK-90 semiautomatic rifle were prohibited from importation, on April 6,1998, and they can not now be assembled from imported parts as provided in the cited sections. Suchh firearms that were imported or assembled prior to April 6, 1998, in complience with the cited sections may still lawfully be possessed.

Adding a pistol grip and buttstock to a MAK-90 rifle using more than 10 imported parts would still constitute assembly of a semiautomatic rifle subject to the provisions of 18 U. S.C. section 922(r) and 27 CFR section 178.39.

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page 2

Adding a thhumbhhole stock to an AK style semiautomatic rifle using more tan 10 imported parts would NOW also constitute assembly of a semiautomatic rifle subject to the cited sections.

A MAK-90 style rifle having a thhumbhole style stock with a pistol grip but none of the other features listed in the definition of a semiautomatic assault weapon in 18 U.S.C. section 921(a)(30)(b), would not meet thhe definition of a semiautomatic assualt weapon. The "grandfathered" exemption in 18 U. S. C. section 922(v)(2) applies to a semiautomatic assualt weapon which was lawfully possesed on the date of inactment of the statue. A rilfe that did not meet the definition of a semiautomatic on September 13, 1994 does not qualify for tis exemption. A firearm which became a semiautomatic assualt weapon after September 13, 1994, is subject to te prohibition in section 922(v).

We trust that the foregoing has been responsive to your inquiry. If you ave furter questions concerning this matter please contact us.

Sincerely yours,

"SIGNED"

Curtis H. A. Bartlett

Acting Chief, Firearms Technology Branch

February 7, 2006, 07:45 PM	#7
expeditionx Senior Member Join Date: July 10, 2004 Posts: 330	http://www.soupbowl.kalashnikov.guns.ru/Page10.html ------------------------------------------------------------------- SoupBowl Enterprises April 13, 1998 Ed Owen Head of BATF Tech Branch Washington DC. Mr Owen, Section 178.39(a) States: "No Person Shall Assemble a semiauto-matic rifle or any shotgun using 10 or more imported parts listed in Paragraph © of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being suitable for or readily adaptable to sporting purposes." My questions are these: 1...How does this LAW deal with Taking ....lets say a MAK-90(which was BANNED by President Clinton in his LATEST executive order) with a thumbhole stock.... and placing a pistol grip and regular type buttstock on the MAK-90? Since Mr. Clinton has made the MAK-90 thumbhole stock rifle a NON-IMPORTABLE rifle, and the rifles that have pistol grips are non importable as well; How does 178.39 deal with this situation. This law deals with making a rifle,(from imported parts), that is prohibited from importation. Since both of these types of rifles are now NON importable, does section 178.39 apply to the rifles already in the USA? If one were to take an imported pistol grip and regular style buttstock and place it on a MAK-90(non importable) would this be a violation? Both of the rifles(MAK-90 and the MAK-90 w/pistol grip) are non importable and it would not change the status of the firearm. 2...OR does section 178.39 NOW say that it is illegal to build even a thumbhole style MAK-90 using 10 or more imported parts? 3...IS it now legal to add a pistol grip and buttstock to a MAK-90 (using more than 10 imported parts) with a thumbhole stock since the host rifle and the finished rifle are BOTH non importable? 4..Is it legal to take a pistol grip off of a PRE 89 AK and replace it with a thumbhole style stock? 5..Are norinco, Mitchell, and poly techs, OWNED prior to 9-13-94, considered to be GRAND FATHERED semiauto-matic Assault weapons as defined by name in the LAW, regardless of wither or not they have TWO evil features or not? 6..Why would it be illegal to assemble a rifle without a thumbhole style stock if the thumbhole stocks are now considered illegal too. Sincerely _________________________ Wesley J. Drennan Owner: SoupBowl Enterprises cc.Ed Owen cc.Senator Lauch Faircloth [/COLOR][/U][/U] Dept of Treasury ....BATF.... Washington DC. MAY-11-1998 F:SD:FTB:CHB 3311 Mr. Wesley SoupBowl Enterprises Dear Mr. This refers to your letter of April 13, 1998, in which you ask about modifications to certain semiautomatic rifles. Title 18, United States code (U.S.C.) section 922(r) prohibits assembly of certain semiautomatic rifles from imported parts. The implempting regulation in Title 27, code of federal regulations, part 178, section 178.39, provides that no person shall assemble a semiautomatic rifle using more thhan 10 imported parts listed in paragragh (c) of this section if the assembled rifle is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to a sporting purposes. Certain firearms including the MAK-90 semiautomatic rifle were prohibited from importation, on April 6,1998, and they can not now be assembled from imported parts as provided in the cited sections. Suchh firearms that were imported or assembled prior to April 6, 1998, in complience with the cited sections may still lawfully be possessed. Adding a pistol grip and buttstock to a MAK-90 rifle using more than 10 imported parts would still constitute assembly of a semiautomatic rifle subject to the provisions of 18 U. S.C. section 922(r) and 27 CFR section 178.39. -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- page 2 Adding a thhumbhhole stock to an AK style semiautomatic rifle using more tan 10 imported parts would NOW also constitute assembly of a semiautomatic rifle subject to the cited sections. A MAK-90 style rifle having a thhumbhole style stock with a pistol grip but none of the other features listed in the definition of a semiautomatic assault weapon in 18 U.S.C. section 921(a)(30)(b), would not meet thhe definition of a semiautomatic assualt weapon. The "grandfathered" exemption in 18 U. S. C. section 922(v)(2) applies to a semiautomatic assualt weapon which was lawfully possesed on the date of inactment of the statue. A rilfe that did not meet the definition of a semiautomatic on September 13, 1994 does not qualify for tis exemption. A firearm which became a semiautomatic assualt weapon after September 13, 1994, is subject to te prohibition in section 922(v). We trust that the foregoing has been responsive to your inquiry. If you ave furter questions concerning this matter please contact us. Sincerely yours, "SIGNED" Curtis H. A. Bartlett Acting Chief, Firearms Technology Branch