922r & NFA ?
(Should have been SBR rather then NFA)
Well this is more of an info thing then a question but please comment if you have useful info.
Just found out about this today.
I've always heard an SBR was exempt from 922r regs, but it seems that was changed in '09.
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I believe there are letters out there stating 2 different things.
One said you need US parts and one said you didn't.
If you read the regs they read like you are exempt but then someone writes a letter and it says you need to comply. So who knows at this point.
Current ATF stance on this is confusing. They used to say no parts needed, then they said you did. Last I heard, there is a difference if you are building a new rifle from a receiver, or converting one that was imported assembled. One requires parts, the other doesn't. Read a couple letters on this, and I still can't figure out which one needs the parts and which one doesn't. Best CYA move right now is to assume you need them and put them on.
Just what "Sporting purposes" does a machine gun, a silencer, a howitzer or an SBR have? (GCA of 1968)
Since when did it become a requirement for NFA firearms to have to conform to the specifications of the 1968 GCA? My understating is that only USC 18. Title 1 firearms must comply with 1968 GCA. USC 18, whereas, Title II firearms do not, and were instead governed by the language of the 1936 NFA and the language of the 1986 act which banned further manufacture of select fire weapons for form four transfers.
DD, it is my understanding that in 1968 the SCOTUS overturned the registration part of the NFA due to fifth amendment self incrimination issues with the original NFA law. Congress re-wrote it to correct the issues and incorporated the new NFA law into the GCA '68. That is why they were forced to have the amnesty period back then, so anyone with an illegal weapon could register it without fear of prosecution and self incrimination through the application. The original NFA law is no longer enforced, it was replaced by the updated version in the GCA. However, while the NFA regs generally are different than the title 1 stuff, the SBR is still a rifle under the GCA 68, it just has a shorter bbl. Remember during the Fed AW ban, even SBRs had to comply with the AW ban prohibition on flash suppressors and such. That is why the two gripped "pistol" versions of rifles got so popular, as AOWs they were not covered by the ban and could be decked out with anything you wanted except a stock.
Is it legal, if I get the tax stamp at some point, to buy surplus lower assemblies from other countries, and then buy other parts to complete a rifle? New to all this NFA stuff...
What "lower assemblies" and what rifles? In general, the receiver, or serial numbered frame of the gun is the only regulated part. You can purchase imported parts (except some banned bbls) to complete a gun you build yourself. You can also build one on an imported receiver, assuming their import is not banned and you can get one. Once you have an approved form 1, you can then assemble these parts into an SBR. The 922(r) stautes may or may not apply, you would need to get a determination from ATF on that. If they do apply, enough foreiugn parts need to be removed/replaced to keep it legal.