Unobtanium Posted November 4, 2009 Share Posted November 4, 2009 (edited) I am tired of hearing everyone ask about it, whine about it, question it. "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. " There it is. In all of it's evil glory. Will someone PLEASE! show me where the possession, usage, or sale, of a Benelli M4S90 in ANY configuration that is commonly whined about, is made illegal by this law. You cannot. Because it isn't. ASSEMBLY is the illegal act. As long as you did not assemble the weapon, you have committed no crime according to this law, nor is your weapon "illegal". It is the action that is criminal, not the item that is regulated. Simple reading comprehension skills will show this to be the case. That being said, my dog is a master of mechanical feats. Edited November 4, 2009 by Unobtanium Quote Link to comment Share on other sites More sharing options...
Thunderbolt Posted November 4, 2009 Share Posted November 4, 2009 The M4 cannot be imported for civilians in any such configuration other than what Benelli offers to the public as it cannot be deemed particularly suitable for or readily adaptable to sporting purposes. Here is section 925(d)(3): (d) The Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if the firearm or ammunition— (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; Quote Link to comment Share on other sites More sharing options...
Unobtanium Posted November 4, 2009 Author Share Posted November 4, 2009 (edited) The M4 cannot be imported for civilians in any such configuration other than what Benelli offers to the public as it cannot be deemed particularly suitable for or readily adaptable to sporting purposes. Here is section 925(d)(3): (d) The Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if the firearm or ammunition— (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; Again, all import and assembly laws. You may be thinking of that "or any possession thereof" meaning the firearm. No, it means a possession of the United States, such as a colony or territory. You have further supported the fact that 922r is a law against ACTIONS and not MATERIALS. There really is no room for argument here if you read the law and understand the wording and take it for what it is, letter for letter. Edited November 4, 2009 by Unobtanium Quote Link to comment Share on other sites More sharing options...
Thunderbolt Posted November 4, 2009 Share Posted November 4, 2009 If the gun cannot be imported and cannot be assembled, how can it legally be possessed without having to comply with 922 and 925. Quote Link to comment Share on other sites More sharing options...
Unobtanium Posted November 4, 2009 Author Share Posted November 4, 2009 If the gun cannot be imported and cannot be assembled, how can it legally be possessed without having to comply with 922 and 925. Ummm...because there is no law against possession? Can you find me a law against possession? I don't see one. Quote Link to comment Share on other sites More sharing options...
LeoAtrox Posted November 4, 2009 Share Posted November 4, 2009 Posession is not illegal. At issue is whether or not posession and purchases constitute enough evidence of assembly to cause you legal grief. If you did assemble the firearm illegally, posession of the firearm paired with purchase records for items added to the firearm may be enough to prove that it was assembled illegally. The government might then establish liability for the act. Probably wouldn't happen. It would be a waste of time and money for the DoJ to pursue these things ... But it is not like they haven't wasted plenty of time and money in the past. Quote Link to comment Share on other sites More sharing options...
tyson129 Posted November 4, 2009 Share Posted November 4, 2009 Nothing will Beat the Facts. Quote Link to comment Share on other sites More sharing options...
Unobtanium Posted November 4, 2009 Author Share Posted November 4, 2009 Posession is not illegal. At issue is whether or not posession and purchases constitute enough evidence of assembly to cause you legal grief. If you did assemble the firearm illegally, posession of the firearm paired with purchase records for items added to the firearm may be enough to prove that it was assembled illegally. The government might then establish liability for the act. Probably wouldn't happen. It would be a waste of time and money for the DoJ to pursue these things ... But it is not like they haven't wasted plenty of time and money in the past. Correct, however, purchase and ownership are NOT a strong enough link to prove assembly "Beyond reasonable doubt", as last time I checked, gunsmiths still abound. I can purchase a pace-maker, but this does not mean I can insert one. Quote Link to comment Share on other sites More sharing options...
sundance435 Posted November 5, 2009 Share Posted November 5, 2009 Correct, however, purchase and ownership are NOT a strong enough link to prove assembly "Beyond reasonable doubt", as last time I checked, gunsmiths still abound. I can purchase a pace-maker, but this does not mean I can insert one. I can assure you that your reasoning, should the gov't. decide to prosecute you, will most assuredly carry you right to the gate of a United States Penitentiary of your choosing. The old adage, "Possession is 9/10ths of the law", while not always accurate, does apply in a situation like this. Do you have any legal training? If not, then you are offering opinions that may land others in trouble. If you do, then you should know better than to be posting what you are, about 18 U.S.C. 922r. Legal advice and opinions offered on an internet forum is worth exactly what you paid for it. If you want more info. or a better interpretation of what this law may mean, then consult with an attorney who specializes in matters such as these. Quote Link to comment Share on other sites More sharing options...
Unobtanium Posted November 5, 2009 Author Share Posted November 5, 2009 I can assure you that your reasoning, should the gov't. decide to prosecute you, will most assuredly carry you right to the gate of a United States Penitentiary of your choosing. The old adage, "Possession is 9/10ths of the law", while not always accurate, does apply in a situation like this. Do you have any legal training? If not, then you are offering opinions that may land others in trouble. If you do, then you should know better than to be posting what you are, about 18 U.S.C. 922r. Legal advice and opinions offered on an internet forum is worth exactly what you paid for it. If you want more info. or a better interpretation of what this law may mean, then consult with an attorney who specializes in matters such as these. Never claimed to be an attorney. I will also refund the money I was payed by any member of Benelli Forum for this interpretation, who decides my interpretation is unacceptable. Quote Link to comment Share on other sites More sharing options...
MassMark Posted November 5, 2009 Share Posted November 5, 2009 Trust me Unobtanium - it's an uphill battle. Just be glad you're not in a "Are M-16 Bolt Carrier Groups Okay In My AR-15?" thread...The lack of knowledge will amaze you...I had a guy quoting text from the BATF in his own post that states it's okay, but he still did not believe it...My thoughts are with you... By the way, it's perfectly legal to use an M-16 Bolt Carrier Group in your AR-15....Bring it... Quote Link to comment Share on other sites More sharing options...
Hookster Posted November 5, 2009 Share Posted November 5, 2009 Unobtanium, I feel for ya!! You were trying to put this beast to bed but instead it's now wide awake and hungry!! Hookster Quote Link to comment Share on other sites More sharing options...
Unobtanium Posted November 5, 2009 Author Share Posted November 5, 2009 Unobtanium, I feel for ya!! You were trying to put this beast to bed but instead it's now wide awake and hungry!! Hookster Only in the minds of those who refuse to read what the law says. Quote Link to comment Share on other sites More sharing options...
STA Posted November 5, 2009 Share Posted November 5, 2009 As I've always said, as long as Benelli keeps paying Tom Knapp and Tim Bradley to perform and appear in print and TV adverts with their extended capacity Benelli shotguns, I wouldn't worry about it. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.