922r legal advice????

[lostdog]

Hi,I got a 922r legal question I hope sombody can answer.
A guy I know bought a Century Yugo m70 underfolder on gun broker that had a original pistol grip, FCG/trigger, and a pinned muzzle brake & gas piston thats not USA marked.
I cant remember laws on 922r and if this is legal or not.
Also,the seller he bought it from is a FFL dealer.
So the question is:Is this legal for this FFL dealer to knowingly sell and ship this gun with these "original"parts on the gun without all the legal 922r parts & can it be to own like this?
Is this dealer commiting a crime selling this gun or doing something wrong selling it on Gun Broker with these "non" US parts? (I havent seen the gun taken all apart to know exactly whats on it)

Any "advice" or "answers" on this 922 legal subject would be appreciated, Thanks, LD

[nalioth]

"Manufacturing" is the crime, not sales or possession.

No markings are legally required reflecting the origin of any part, either.

[Carp Killer]

"Manufacturing" is the crime, not sales or possession.

No markings are legally required reflecting the origin of any part, either.

This^^^^

[knall]

Pretty sure possesion becomes an issue......

[nalioth]

Pretty sure possesion becomes an issue......
Show us the law, please.

[Blacksmith]

"Manufacturing" is the crime, not sales or possession.

The law states that it may not have any more than 10 imported parts. Where do you find this exemption for sales & the end user?

[KernelKrink]

The law clearly states assembly is a crime, it is silent on posession or sale.

http://www.law.cornell.edu/uscode/18/922.html

(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 (http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000925----000-.html) (d)(3) (http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000925----000-.html#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.

[Blacksmith]

I see.
It would fall back on the person that originally assembled it. So if the rifle contains 10 imported parts. The person that inserts a foreign made magazine bringing the total to 13 imported parts would be violating the law. Not the person that built the rifle.

[KernelKrink]

Since they don't define "assemble" in the law, that would be a question for the courts to decide. Also why I recommend mag parts not be used for compliance parts, until there is caselaw to go by, it's up for interpretation. AFAIK, there has never been a case of 922(r) violation get through court, so far. In talking with my atty, he feels the law is so poorly written that actually prosecuting just that crime by itself would be very difficult to impossible.

[jcox19]

I had an interesting discussion with a dealer at the gun show today on this topic actually. One guy swore up and down that I'd be ok using an imported mag despite needing additional 922 compliant parts (AMD-65)

His reasoning was that since I'm not the manufacturer it isn't my problem. Hopefully there's never any actual legal proceedings on this though

[drjarhead]

I think that the issue the end user winds up with is proving that it wasn't them that put the illegal parts on it, esp when the builder denies that he did so.

I remember John@JCDLESales telling people that he could just put a stamp in foreign made parts and they became US manufactured parts. I'd like to see someone sell that one to a Fed Prosecutor or a jury.

The other consideration is that the rifle would be considered contraband and subject to seizure. So even if you avoid the legal jam, you lose the weapon. I will guarantee you, they ain't going to give it back.

[LESchwartz]

I purchased a with “restricted features” before I learned about any of this. Is my rifle “legal”?

18 USC § 922(r) only bans “assembly”, it is not a crime to possess a firearm that another person “assembled” in violation of the law. Despite this, many people are understandably nervous about owning such a rifle. For example, it may be subject to seizure and forfeiture. An older SKS FAQ, which can be found on William Bardwell’s web site, says the following:

"Note also that section 922(r) only bans “assembly”, it is not a crime to possess a weapon “assembled” in violation of this section. However it may be subject to seizure and forfeiture, under some circumstances, if ATF can show it was assembled in knowing or willful violation of the Gun Control Act, under 18 U.S.C. section 924(d)(1), by clear and convincing evidence."

18 USC § 924(d)(1) reads in part:

"…upon acquittal of the owner or possessor, or dismissal of the charges against him other than upon motion of the Government prior to trial, or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished firearms or ammunition shall be returned forthwith…"

So it seems that it would be necessary to convict someone of violating 18 USC § 922(r) in order to permanently seize your rifle.


FYI. However, I would never want to have to go through the Federal court system . . . even if I "win", I might still be out thousands of dollars in legal fees. I gues that make me "understandably nervous".

Larry

[LESchwartz]

I bought some “US-Made Parts”. My sales receipt says “Made in USA”, but the parts themselves aren’t marked. Is this a problem?

An unscrupulous dealer could simply take imported parts and sell them as US-Made. This is a problem. Compliance parts should be clearly marked as “US-Made”, or have the identity of the manufacturer, etc.

The law doesn't contain an exception to criminal liability for assembling a rifle with too many imported parts based on a good faith belief that you were using USA parts. It’s what is called a “strict liability” crime—there's no “mens rea” (Latin for “illegal intent”) element. The law imposes on you the obligation to perform due diligence. If you get duped, you could end up in prison. Of course, after you're in prison you could conceivably prosecute the seller for fraud. But that doesn’t help you.

For more information, check out the GonzoSKS1's post on the subject on the Survivor's SKS Boards web site.

“Caveat Emptor” is Latin for “let the buyer beware”.


FYI.

Larry

[kwikrnu]

http://www.kwikrnu.com/BATFE%20opinion%20letters/batfe%20reply%20letter%20opinion%20922r%203-23-12%2010-17-11.pdf