does this also pertain to 922R?

[crofton]

http://www.freerepublic.com/focus/f-news/2811063/posts

 

Shotgun Importation Protections. Prohibits the Department of Justice from requiring imported shotguns to meet a “sporting purposes” test that theBureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) has used to prohibit the importation of shotguns with one or more features disliked by the Agency, such as adjustable stocks, extended magazine tubes, etc.

 

Realize the above is about a month old, just read it today. Therefore the question: does this also apply to 922R?

 

 

 

 

 

Thanks

[frigatecon]

My interpretation would be (keep in mind i dont claim to be an expert) that if this were passed into law, new shotguns (like m4s) could be imported with collapsible stocks and full length tubes. However since 922r is about assembly not importation, batfe would probably still raise a stink about the number of imported parts on a shotgun imported before the law was enacted if you added a c-stock and/or full length tube

Edited November 30, 2011 by frigatecon

[crofton]

My interpretation would be (keep in mind i dont claim to be an expert) that if this were passed into law, new shotguns (like m4s) could be imported with collapsible stocks and full length tubes. However since 922r is about assembly not importation, batfe would probably still raise a stink about the number of imported parts on a shotgun imported before the law was enacted if you added a c-stock and/or full length tube

 

Used a google search and many forums have the same question. importation vs assembly.

 

Hopefully a legal-eagle will jump in on one or more forums and interpret the law.

[Sukhoi_fan]

When they throw a man (a veteran no less) into prison for a *known* defective Olympic Arms AR which was slam-firing when someone else was shooting it and the judge railroaded him, what/who do you trust???

 

Note that in the Olofson case the ATF asserted that a double barrel shotgun which fired both barrels "with one trigger pull" qualifies as a 'machinegun'.

 

How many things wrong with this case can you find?

 

http://www.thehighroad.org/archive/index.php/t-375570.html

[Super33]

At first glance I would have to say YES, that does pertain to 922R. When my M4 was imported to the good ol' US of A it was for "sporting purposes" because it was not imported with the extended tube and it was not imported with a collapsible stock. Because it was in the "sporting purposes" category it was required to have no more than 13 foreign parts to pass their stupid, moronic, unamerican, "test". If I were to put one of those "disliked parts" on it the gun could only have 10 foreign parts to pass their lame, civil rights crushing, communist, power tripping "tests". The foreign parts count on a foreign gun is to meet their stupid standards designed to control our gun rights, some mild form of "gun control". If guns being imported don't have to meet their dumb test and they don't have to be classified into a stupid sporting purposes group than I don't see how any of the already imported guns will have to remain in that dumb group that the BATFE is no longer allowed to molest the constitution with. I can easily look at my Benelli and call it an "imported shotgun", which it is, and place it into that law stated in the OP. If I were to put a collapsible stock on it, replace the neutered joke of a tube with a full BENELLI imported tube and not replace any other perfectly good parts with USA made parts that are exactly the same damn thing my imported shotgun should be USA okay. But I also know that if something is too good to be true than it probably is, which is pretty sad when considering we're talking about civil rights and the unbinding of the American Constitution here...

[StrangerDanger]

I don't pretend to be a law expert, so what I would say is, when Benelli starts bringing in M4's un-neutered, or at the very least starts selling the collapsible stocks and full length magazine tubes, you will have a definitive answer.

 

Even though my M4 is currently 922® compliant, I would like to see this law in the graveyard of bad mistakes like the 94' Assault Weapons Ban.

 

Wasn't there a ATF study floating around a few months ago where they were bemoaning the imported shotguns? It had a bunch of nonsense like the width of the receiver. I'd try to call Benelli and ask them, but when you get stuck in low level phone loops, it is pretty pointless this early in the game.

[crofton]

Just got off the phone with the NRA and they said "the law only pertains to imports and 922R is domestic."

 

Then I asked him if Benelli USA could import C-Stocks and large magazines and he replied "yes they could, but they aren't a very dynamic company and therefore probably won't change their import policy."

 

Final question to him: will the NRA send out a rider specifically stating the difference between the Appropriations bill & 922R. He said that he will generate an internal memo, asking if they will be releasing guidance on the bill & 922R.

 

In conclusion, 922R is still out there and alive.

Edited December 1, 2011 by crofton

[Sukhoi_fan]

Just got off the phone with the NRA and they said "the law only pertains to imports and 922R is domestic."

 

Then I asked him if Benelli USA could import C-Stocks and large magazines and he replied "yes they could, but they aren't a very dynamic company and therefore probably won't change their import policy."

 

Final question to him: will the NRA send out a rider specifically stating the difference between the Appropriations bill & 922R. He said that he will generate an internal memo, asking if they will be releasing guidance on the bill & 922R.

 

In conclusion, 922R is still out there and alive.

 

Then it would appear to me that there's nothing standing in the way of just anyone acquiring the c-stocks and importing them. With all of the 'made in USA' parts now available for the M4, 922® compliance isn't that difficult to achieve, must like what folks have done with AKs and FALs.

[crofton]

Then it would appear to me that there's nothing standing in the way of just anyone acquiring the c-stocks and importing them. With all of the 'made in USA' parts now available for the M4, 922® compliance isn't that difficult to achieve, must like what folks have done with AKs and FALs.

 

Called Benelli USA today and said since Mini-Bus,” has passed by both the U.S. House and the U.S. Senate, and has been signed into law can we the consumer now purchase C-Stocks etc. directly from Benelli. She informed me she was unaware of the passing and requested that I send her a link and that she will get back.

 

Stay-tuned!

[StrangerDanger]

Thanks for doing all the phone leg work!

[Super33]

Yeah, I'm looking forward to how this one turns out.

[Jumps]

Here's my thinking:

 

The text of 922® states:

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

 

Since Mini-Bus now prohibits the DoJ from applying the sporting purposes test to shotguns, those shotguns previously affected by this section of law are no longer prohibited from importation. If the shotgun is not prohibited from import, then it is not illegal to assemble one, regardless of where the parts came from.

 

So is 922® repealed? No. As the sporting purposes test still applies to rifles, those firearms would still be affected. But shotguns, in my reasonable man opinion (I won't say legal opinion, as I'm not a lawyer), are ok.

[Super33]

I'm with you.

[crofton]

Here's my thinking:

 

The text of 922® states:

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

 

Since Mini-Bus now prohibits the DoJ from applying the sporting purposes test to shotguns, those shotguns previously affected by this section of law are no longer prohibited from importation. If the shotgun is not prohibited from import, then it is not illegal to assemble one, regardless of where the parts came from.

 

So is 922® repealed? No. As the sporting purposes test still applies to rifles, those firearms would still be affected. But shotguns, in my reasonable man opinion (I won't say legal opinion, as I'm not a lawyer), are ok.

 

Great 1st post!

[Dntama]

Correct me if I am wrong but this restriction is only based on the restriction in funding for FY 2012. After that it may not apply. I dont know if this will need to be renewed yearly. Also you need to read the fine details for the restriction. Here is what I found with a google search.

 

SEC. 541. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if–

 

(1) all other requirements of law with respect to the proposed importation are met; and

(2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes

 

 

it is my understanding that if a shotgun was denied importation prior to Jan 1, 2011 it will still not be allowed to imported now regardless of sporting status. So this probably means they cant ban a Saiga S12 or Benelli M4 as they have been previously approved. However, they will be only be able to be imported in the configuration that was previously approved. I dont think it means you can add whatever you want to those models and import freely as 922r still applies. The way around this would be to have new models approved with all the features already installed but I dont think this is going to happen.

Edited December 17, 2011 by Dntama

[Hookster]

I dont think it means you can add whatever you want to those models and import freely as 922r still applies. The way around this would be to have new models approved with all the features already installed but I dont think this is going to happen.

 

I agree but it's nice to dream.....

 

Later,

 

Hookster