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Donbot

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  • Birthday 03/24/1980

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  1. To make it a little more interesting all of the aforementioned is no longer valid law as it died along with the sunset of of the assault weapons ban. In fact if you look it up in westlaw it says it is repealed. So after thinking about it most of the day, here is what could be the only hang up in all of this if there is a CFR section that interprets "of this chapter as not being particularly suitable for or readily adaptable to sporting purposes" or in any way interprets this section of the code to the whole 10 part thing. But if there is an administrative rule it would have to be in the CFR, I could not find it, but if you want to look the whole thing is totally public just google CFR Code of Federal Regulations. Essentially those are agency made rules which expand and more fully flesh out the USC. I just wanted to look this stuff up myself, too much of the gun control "law" floating around on the web was valid as of 2004, but with the end of the asault weapon ban it is no longer in force.
  2. Where is all of this coming from I looked up 18 USC 922® and it does not have the language from this 178.39 section you are citing, the best I can tell is it is from the CFR, (this is agency rules-which do have force of law) 922® is in the Federal Code. I did a search online of the CFR and could not find that citation and looked in the bound versions of the CFR at the local law library and none of them have a 27 cfr 178 Here is what 922® currently says as of the sunset of Assault Weapons ban and as of me looking it up on Westlaw this morning- 18 U.S.C. 922 ® (which is still good law and in effect) 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--blah blah blah so we look at 925 (d)(3) is of a type that does not fall within the definition of a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986 and is generally recognized as particularly suitable for or readily adaptable to sporting purposes, excluding surplus military firearms, except in any case where the Attorney General has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled; or that then leads us to 5845(a) of the IRC (internal revenue code): (a) firearm:The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon. The gist of all of this is you can not manufacture a short barralled shotgun under 18inch barrel or under 26 inches total. There is absolutely zip zero in 922® contrary to what everyone is posting on the forums about not being able to put a full length tube on it. If someone could guide me to the whole 10 part thing and where it actually appears in the United States code or in the CFR I would love to look it up. But as of what I have seen so far I don't see where that is in either of those two spots- meaning it is no in force.
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