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Am I misinformed?


clubster

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922r is dead per the atf which was the assault weapons ban that is no more. Why do you think all the collapsable stocks etc are out there and for sale.

 

Nope. 922® lives on and will never sunset. This is from the ATF's website:

 

SAW = Semiautomatic Assault Weapon

LCAFD = Large Capacity Ammunition Feeding Device

 

Q: Does the expiration of the SAW ban and the LCAFD ban affect importation?

 

A: LCAFDs are no longer prohibited from importation but they are still subject to the provisions of the Arms Export Control Act. An approved Form 6 import permit is still required. Non-sporting firearms are still prohibited from importation under sections 922(l) and 925(d)(3) of the GCA. Because the vast majority of SAWs are nonsporting, they generally cannot be imported.

 

If an importer has an approved Form 6 import permit for LCAFDs with a restriction stamp on it related to the ban, the importer may import LCAFDs using the permit and disregard the restriction stamp. Importers may apply for a new permit if they prefer.

 

Temporary importation of SAWs and LCAFDs is now lawful under the provisions of Title 27, CFR, section 478.115(d) because firearms that are temporarily imported are not required to meet sporting purpose requirements.

 

Q: Does the expiration of the SAW ban change laws regarding assembly of nonsporting shotguns and semiautomatic rifles from imported parts?

 

A: No. The provisions of section 922® of the GCA and the regulations in 27 CFR 478.39 regarding assembly of non-sporting shotguns and semiautomatic rifles from imported parts still apply.

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It's kind of funny, but you could ask 10 ATF agents the same question and get 10 different answers.

 

The only way that ATF is allowing the Benelli's into the good ol USA, is they are listed as sporting shotguns. If you modify them the wrong way, then you are in violation of Federal Law. Thats pretty much it, short and sweet.

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clubster, you are gonna give up and sale your guns b/c the morons at ATF could'nt find their a** with both hands?? c'mon, just roll with it and put whatever you want on the gun, you cant get a straight answer from them, so who know whats right? You likely will never have a problem unless you take your gun into the ATF offices and ask for an explanation. Ive attempted to make my guns legal and they are but ill draw the line when it comes to jumping through ludicrous hoops to please some paper pushin govt geek official. After the debacle at Waco and other places the ATF should be disbanded anyways, they serve no real purpose and better prepared, smarter, agencies could pick up the lil bit of slack removing the ATF would leave. Just MHO..can you tell i despise them? lol

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MrMilitaryPolice man has hit the nail on the head with the comment about the ATF being spastic.

 

I will provide this warning to any of you thinking that a letter to another person from the ATF regarding the Benelli M4, 922r and parts count.....

 

That document won't mean crap diddly umpsquat in court, and just because the ATF individual that counted parts can't count correctly in an official document, don't think for a minute that you can't or won't get nailed because of it.

 

I agree with MrMilitaryPolice man about the slim possibility of the ATF knocking on your door, but the fact remains that the laws do exist and the ATF is notorious for "reinterpreting" opionions. The recent barrel ban for my precious G36C is just one such example. Suddenly and out of the blue in September 2005 the ATF says, "All these nonsporting guns can no longer have the barrels imported, by anybody for any reason." Suddenly, the price of G36C demilled kits and other semi rare to begin with sub guns suddenly shot up!

 

Just look at the whole disaster of trying to procure a 14" entry barrel for our precious M4. Gads, it makes me sad.

 

I've said it in a number of other threads, but to sleep well at night it only requires a $200 Form 1 to the ATF and a month or so wait. I was spooked about the whole Form 1 process but after doing UMP-USC and PS90 SBR conversions with my LLC as the signee, all hesitation is gone. The LLC was the best $100 I've ever spent. (Except the $93 I spent on a temporary cubic zirconium 1 carat ring with chincy white gold band for my fiancee after blowing $4000 on a Blaser LRS2 setup days before! Good thing I recovered quickly, got a real one identical to it months later and switched the rings out with nobody the wiser. I felt like a professional jewel thief! Ha ha ha!)

 

Hope you all have a great one!

 

Sincerely,

 

Shane Bernskoetter

Author of:

Surviving Twilight: A Soldier's Chronicle of Daily Life in Iraq

http://www.survivingtwilight.com

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I've been looking around for about 6 months for a 14" barrel and have managed to come across only two, and they've been on M4's imported in that condition within the past few years. Asking prices in both cases were above $2200. Your $200 transfer fee is in addition to this.

 

Given the fact that importation of Barrels, Frames and Receivers for nonsporting firearms (below 16" for barrels) have been nearly (or even completely) cut off based on the following letter from the ATF:

 

http://www.atf.treas.gov/firearms/071305openletter.htm

 

Bookmark this letter and weep to it at night. After I read it I felt like my puppy just got hit and killed by a truck right in front of me.

 

Since this policy was adopted, prices for demilled kits of all sorts of cool SBR source rifles have jumped up substantially. They aren't bringing any more in.

 

God bless the ATF's penchant for "reinterpretation".

 

Shane Bernskoetter

Author of:

Surviving Twilight: A Soldier's Chronicle of Daily Life in Iraq

http://www.survivingtwilight.com

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Just a question, what A$$ hole has the right to limit our guns? Last I checked we have the right to keep and bare arms, who has the right to say what should be legal or not legal with a gun? If the government has it, we shouldn't be denied that right.

 

The ones "we" elected.

 

You know, I think the founding fathers of the USA were pretty good guys, and they seemed to have their heads on straight...but when they wrote the constitution and the initial ammendments, they screwed up big time by assuming that they would be interpreted in the spirit in which they were written.

 

The result is this mess, where your right to bear arms is in heated debate. Looking at quotes from a lot of the fine gentlemen that established the US of A, it's pretty clear that they didn't see any issue with the average Joe being armed as well as the average soldier, because the average citizen was expected to stand up and _be_ a soldier (militia member) in the defense of the country if it was seriously attacked.

 

Granted, I doubt they had any clue what lay ahead as far as weapons technology goes, but that's a different matter. The wording of the original documents is so broad that today's legalese-speaking crowd could drive a bus through them, and as a result we're seeing almost complete reversals when compared to the original 'spirit' of the documents.

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Hey SgtBernie

 

I'm curious what the LLC is needed for? Does it offer some extra protection like an FLP etc? Also, even with the LLC, do you have to put your residence address on the application, even if you have a business address that the LLC goes through? I am intrigued.

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Having an LLC allows you to ignore 2 things on the Form 1 application:

 

1. Going to your CLEO and getting him to personally sign your request to make an SBR (a big help if you live in a county or town with a liberal CLEO)

 

2. Don't have to submit fingerprint card.

 

As the CEO of InsertNameHere, LLC - you can sign in blocks 9, 10 and 11 on the Form 1 and NOTHING else below that point needs to be filled out. Pull up a Form 1 to examine and see what I'm speaking of.

 

Also, since the LLC is applying on the Form 1 and not you as an individual, you simply put down the LLC address as listed on your articles of Incorporation you filed with your state. Separate thinking of YOU and the LLC. The LLC is applying on the Form 1, NOT YOU AS AN INDIVIDUAL. The only place YOUR name will appear is in block 9 and 10 signing as the all powerful CEO of InsertNameHere, LLC.

 

The address of the LLC is where the firearms should reside, although if you store them in your home vault and you are an officer of the LLC (registered at a different address) then there shouldn't be any problems.

 

Shane Bernskoetter

Author of:

Surviving Twilight: A Soldier's Chronicle of Daily Life in Iraq

http://www.survivingtwilight.com

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Thanks, Sorry for the redundant question as I just read the other thread with your very nice detailed explanation. I guess I should've looked first before shooting. I haven't read over the form 1 but I assume since it's a fed form the LLC idea would work in any state that allows NFA stuff. Thanks again!

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Just for clarification--then this configuration is compliant with federal law:

 

pix2913386127.jpg

 

Correct?

 

Just for giggles, call Benelli and ask them if you can get one of their M1/M2 Practicals. These have the standard stock and full mag tube as pictured on that M4, yet Benelli will say they are unable to import them anymore.

 

Now go to any store and buy a Winchester Super X2 Practical or FN Self Loading Police. These are built overseas, have standard stocks and full mag tubes.

 

ATF has hammered Benelli and for more than 922®. For Pete's sake they won't even sell tubes (and now collapsing stocks) for thier pump guns. Methinks there's more to the story than we know and it's not about 922®.

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