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K. Funk
November 02, 2016, 19:49
Does CFR 922 US Parts apply to SBR builds?

Thanks,

krf

Artful
November 03, 2016, 03:59
The ATF seems unable to make up their mind on whether or not 922(r) applies to NFA weapons.

In 1994, they issued this letter, which states that NFA weapons are not required to comply with 922(r).
DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
Washington, D.C. 20226

MAR 22, 1994

LE:F:FE:RLB
3312.5

Mr XXX
Address
City, State

Dear Mr. XXX:

This refers to your letter of February 28, 1994, in which you
inquire as to whether the making of certain National Firearm Act
(NFA) weapons is prohibited by Title 18 United States Code
(U.S.C.), Chapter 44, Section 922(r). The weapon in question is a
FN/FAL type firearm having a barrel length of less than 16 inches
which is assembled from an imported British L1A1 parts kit and a
domestically manufactured frame or receiver.

Title 18 U.S.C., Chapter 44, Section 922(r) provides that it shall
be unlawful for any person to assemble from imported parts any
semiautomatic rifle or shotgun which is identical to any rifle or
shotgun prohibited from importation under 18 U.S.C., Chapter 44,
Section 925(d)(3), as not being particularly suitable for or
readily adaptable to sporting purposes.

However, the Bureau has previously determined that the lawful
making of an NFA weapon would not violate Section 922(r), since the
section only addresses the assembly of "nonsporting" firearms, and
not the making of NFA weapons. Therefore, the lawful making of a
short barreled rifle would not be precluded by Section 922(r).

If you decide to proceed with your project, it will be necessary
for you to obtain prior approval by first submitting an ATF Form 1
(Application To Make and Register a Firearm) and paying the
appropriate $200 making tax. Additional information relative to
this procedure may be obtained from the following source:

Bureau of Alcohol, Tobacco and Firearms
NFA Branch, Room 5300
650 Massachusetts Avenue, NW
Washington DC 20026

We trust that the foregoing was responsive to your inquiry. If we
may be of any further assistance, please contact us.

Sincerely yours,
[signed]
Edward M. Owen, Jr.
Chief, Firearms Technology Branch
-- SeanNewton - 16 Jun 2011

However, 15 years later they issued this letter, which states that NFA weapons enjoy no such exemption. This creates the unfortunate position that an earlier letter says that NFA items must comply, and a later letter says that they aren't required to.
http://thegunwiki.com/pub/JustTheLaw/RefNfaAnd922_2009/atf20090724nfa922.jpg
There are two rational ways and one irrational way to view this situation:

The later letter should take precedent, and therefore NFA items must comply with 922(r).

The letters contradict each other and may both be safely ignored. Therefore, one must simply rely upon the wording of 922(r) - and thus one must comply with 922(r).

The 1994 letter, because it came first, is binding and somehow the 2009 letter is not.
Therefore, NFA items are not required to comply with 922(r). This is the irrational view - either of the two above are reasonable, and both lead to the same conclusion.

flemgunner
November 03, 2016, 17:24
True, but as with any ATF legal case the burden of proof is on you to prove your innocence. Realistically they wont nail you for that. No one is gonna be checking for US parts at the range. Its more of a "tack on" charge. If they get you for this you have way bigger issues

rbgonoles
November 03, 2016, 18:36
True, but as with any ATF legal case the burden of proof is on you to prove your innocence. Realistically they wont nail you for that. No one is gonna be checking for US parts at the range. Its more of a "tack on" charge. If they get you for this you have way bigger issues

Burden is always on the government.

Artful
November 05, 2016, 00:51
Burden is always on the government.

:facepalm:
After your bankrupt with legal fee's and yet proved your innocence talk to us again.

hkshooter
November 06, 2016, 13:10
Does CFR 922 US Parts apply to SBR builds?

Thanks,

krf

Yes.

spider991
November 18, 2016, 22:00
:facepalm:
After your bankrupt with legal fee's and yet proved your innocence talk to us again.

Talk to us if and when this actually ever happens for 922r...well,or even if anyone ever gets charged with this since 1968? :angel:

nightschneider
November 23, 2016, 10:45
yeah...this one is hella dumb.

when you register an SBR, you are, in the eyes of the law, manufacturing a new firearm.

you have to engrave it as such.

clearly, this is happening in America.

so, logically, 922r should have nothing to do with a gun that is *legally* manufactured in the US.

but logic has nothing to do with it...so yeah...you need 922r compliance

as far as going to court to prove your point...as was already mentioned, being bankrupt and right doesn't sound too fun to me...If the f-troop changes the rules, and requires me to spend another $150 to $200 to keep the gun 'compliant,' that's not optimal, but I'm going to do it. Especially on an SBR, which they technically can come to my house and inspect at their leisure.

do I think they are going to be doing that anytime soon? no.
do I think your average ATF agent knows what a 922r compliant gun looks like? no.

but they don't have to be right, or know what they're doing to jam you up.

meltblown
November 23, 2016, 11:11
Especially on an SBR, which they technically can come to my house and inspect at their leisure.



Uh, no. http://johnpierceesq.com/nfa-myths-did-i-agree-to-247-warrantless-inspections/

nightschneider
November 23, 2016, 11:48
education occurred - thanks for the link - that was something that has always been told to me since I started doing NFA stuff.