ASSAULT WEAPONS

The Gun Doctor

This was copied from the ATF website and I hope it clears up any disinformation about the folding stock thread. O. SEMIAUTOMATIC ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES(O1) What restrictions does Federal law impose on semiautomatic assault weapons? [Back]It is generally unlawful for a person to manufacture, transfer, or possess semiautomatic assault weapons after September 13, 1994, the effective date of the law. See the exceptions listed in Question O5. [18 U. S. C. 922( v)( 1)] (02) How does the law define the term "semiautomatic assault weapon?" [Back]The term "semiautomatic assault weapon" is defined to include 19 named models of firearms and semiautomatic rifles, semiautomatic pistols, and semiautomatic shotguns that have at least 2 of the features specified in the law. Frames or receivers for firearms are not regulated as semiautomatic assault weapons, since they could be assembled as a firearm other than the 19 named models of firearms. Likewise, frames or receivers are not semiautomatic assault weapons under the "features" test of the law because they do not yet have the features necessary to bring them within the definition. Semiautomatic assault weapons in knockdown (disassembled) condition consisting of a receiver and all parts needed to assemble a complete semiautomatic assault weapon are subject to regulation if the parts are segregated or packaged together and held by a person as the parts for the assembly of a particular firearm. [18 U. S. C. 921( a)( 30)] (O3) What restrictions does Federal law impose on large capacity ammunition feeding devices? [Back]It is generally unlawful for a person to transfer or possess a large capacity ammunition feeding device manufactured after September 13, 1994, the effective date of the law. See the exceptions listed in Question O5. [18 U. S. C. 922( w)( 1)](O4) How does the law define the term "large capacity ammunition feeding device?" [Back]The term "large capacity ammunition feeding device" is defined as a magazine, belt, drum, feed strip, or similar device manufactured after September 13, 1994, that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. Large capacity ammunition feeding devices in knockdown - disassembled) condition consisting of all parts needed to assemble a complete large capacity ammunition feeding device are subject to regulation if the parts are segregated or packaged together and held by a person as the parts for the assembly of a particular device. [18 U. S. C. 921( a)( 31)] (05) What exceptions from the prohibitions on semiautomatic assault weapons and large capacity ammunition feeding devices are provided in the law? [Back]Exceptions are provided for semiautomatic assault weapons and large capacity ammunition feeding devices -(1) lawfully possessed on or before the date of enactment; (2) manufactured for, transferred to, or possessed by governmental entities or law enforcement officers employed by governmental entities for official use; (3) transferred to licensees maintaining on-site security at a nuclear power plant required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (4) transferred to law enforcement officers by the officer's agency upon the officer's retirement; and (5) manufactured, transferred, or possessed by licensed manufacturers or licensed importers for the purposes of testing or experimentation as authorized by ATF. Ammunition feeding devices having a capacity of more than 10 rounds of ammunition that were manufactured on or before September 13, 1994, are excluded from the definition of "large capacity ammunition feeding device" and, therefore, are not subject to the prohibitions. [18 U. S. C. 922( v)( 2), (v)( 4), (w)( 2) and (w)( 3)] (O6) If an NFA firearm has 2 or more of the features specified in the law for semiautomatic assault weapons, will the firearm be regulated under both statutes? [Back]Any firearm that falls within the definition of "semiautomatic assault weapon" and the NFA definition of "firearm" is subject to both laws. (O7) Are replacement parts for grandfathered semiautomatic assault weapons and large capacity ammunition feeding devices subject to regulation under the law? [Back]No. Parts may be replaced in grandfathered semiautomatic assault weapons and grandfathered feeding devices without violating the law. However, if the frame or a receiver for a semiautomatic assault weapon is defective, the replacement must be made by the weapon's manufacturer or importer. The replacement receiver must be parked with the same serial number as the original receiver, and the original receiver must be destroyed. However, a manufacturer or importer who is unable to mark the replacement receiver with the same serial number as the original receiver may seek a marking variance in accordance with 27 CFR 178.92. In addition, the permanent records of the manufacturer or importer should indicate that the receiver for the weapon has been replaced. (O8) May law enforcement officers purchase and possess semiautomatic assault weapons and high capacity ammunition feeding devices? [Back]Yes. The law provides exceptions for law enforcement officers purchasing assault weapons and magazines for official use. However, assault weapons may not be lawfully distributed to, or received or possessed by, an officer having been convicted of a misdemeanor crime of domestic violence. A licensee may lawfully transfer these items to a law enforcement officer and the officer may lawfully receive and possess them if: (1) the officer is a "peace officer" having the authority to arrest persons for violations of the law and to obtain and execute search warrants; (2) the officer is employed by a government agency; and (3) in the case of a semiautomatic assault weapon, the officer has not been convicted of a misdemeanor crime of domestic violence. (O9) May law enforcement officers keep their semiautomatic assault weapons and large capacity ammunition feeding devices when they retire or leave their employment with a law enforcement agency? [Back]No. They may not lawfully keep semiautomatic assault weapons and large capacity ammunition feeding devices that they purchased or acquired as their own property. However, the law provides an exception for items that belong to a law enforcement agency and are transferred by the agency to an officer upon the officer's retirement from, or termination of his or her employment with, the agency. Neither this exception nor the exception for official use permits officers to retain their own weapons or feeding devices after retiring or leaving the agency or to acquire additional items. Officers who retire or leave their employment with a law enforcement agency should transfer assault weapons and large capacity ammunition feeding devices that are their own property to a Federal firearms licensee or another qualified officer. [18 U. S. C. 922( v)( 4), (w)( 3)] (O10) If a person is in possession of a frame or receiver for a semiautomatic assault weapon on the date of enactment, may the person acquire the rest of the parts and assemble a complete semiautomatic assault weapon? [Back]No. It is unlawful to make such weapon after the law's effective date. [18 U. S. C. 922( v)( 1)] edit...here is the link to the ATF website for any further study on the subject.atf.treas.gov/firearms/faq/faq2.htm#oRemember...ignorance is no excuse for the law.

ironsites

Well now, that just clears up my confusion.confusion.confusion.confusion.....***#@dit.dit. confu..dit...

boeboe

Excellent post.

GreenLantern

Dido. Shows I was definately incorrect about the folding stock thing.

rrdtad

You know what kills me about this entire debate...I highly doubt the criminals out there are sweating whether the fully automatic weapons they bought illegally or killed for, are within the letter of the law! You guys...the law abiding citizens already, are the ones who are trying to bend the law, without breaking it...and you're not the ones the authorities have to worry about.Doc puts that ungodly long post on here to clarify the issue (no...I don't mean that as a joke either) so you guys can pursue your hobby legally, and in the meantime, the criminals it was intended for don't give a damn about that law...they probably use it as a target when they're using their fully auto machine guns

seamus

Well now, the posted explanation of the law may be crystal clear to everyone else out there, but there is one issue that remains a big grey area for me.The post states, at paragraph O.1, that: "It is generally unlawful for a person to manufacture, transfer, or possess semiautmatic assault weapons after September 13, 1994 ... See the exceptions ..."Under "Exceptions," it states, in part: "Exceptions are provided for semiautomatic assault weapons and large capacity ammunition feeding devices -(1) lawfully possessed on or before the date of enactment;"My situation is this: I purchased several 'semiautomatic assault weapons' ("SAW") after September 13, 1994, but which had been "lawfully possessed on or before the date of enactiment" (by someone other than me, of course). That is, they were manufactured prior to said date, and lawfully possessed on and before said date (so far, it sounds like there are in compliance, right??). I also owned a couple of other SAWs prior to, and on, September 13, 1994.My quesitons are: (1) are the SAWs that I purchased after September 13, 1994 (but which were lawfully possessed by someone else), now legally held by me?. That is, could the seller of same lawfully transfer them to me through the good offices of an FFL holder, as in fact he did?, and (2) can I now legally transfer the two SAWs that I lawfully owned before and on the date of enactment?If this is clear to anyone out there, please tell me what I am missing. Thanks

duckhunter

DEPENDS ON YOUR STATE. CHECK WITH YOUR LOCAL BATF OFFICE. BE SURE , BE SAFE.

seamus

Dear Duckhunter: Yes, of course State law must be taken into account, but you have missed the point. Notwithstanding State laws, my questions relate specifically, and solely, to the explanation set forth at the referenced ATF website. How does a reading of the that post answer the questions that I posed? Or does it? (With regard to state law, which is another issue, it can further restrict lawful ownership within Constitutional limits, but cannot otherwise modify the enacted Federal statute.) That which ain't legal under Federal law, ain't legal anywhere in the U.S.A., period.