Getting ready to build some AKs: Law, Notes, Parts, Planning

[Quarterbore]

What the hell is 922(R)?

922(R) is the common name for a law that was put into place to limit the import of semiautomatic rifles and shotguns. Following from http://www.atf.gov/regulations/27cfr178.html is what we commonly refer to as 922(R)

Sec. 178.39 Assembly of semiautomatic rifles or shotguns.


(a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes.

(b) The provisions of this section shall not apply to:
(1) The assembly of 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 such rifle or shotgun for the purposes of testing or experimentation authorized by the Director under the provisions of Sec. 178.151; or
(3) The repair of any rifle or shotgun which had been imported into or assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm.

(c) For purposes of this section, the term imported parts are:

(1) Frames, receivers, receiver castings, forgings or stampings
(2) Barrels
(3) Barrel extensions
(4) Mounting blocks (trunions)
(5) Muzzle attachments
(6) Bolts
(7) Bolt carriers
(8 ) Operating rods
(9) Gas pistons
(10) Trigger housings
(11) Triggers
(12) Hammers
(13) Sears
(14) Disconnectors
(15) Buttstocks
(16) Pistol grips
(17) Forearms, handguards
(18 ) Magazine bodies
(19) Followers
(20) Floorplates

Now, when I go to 18 USC 925(d)(3) I find the following:

United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
Section 925. Exceptions: Relief from disabilities

(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; or
(4) was previously taken out of the United States or a
possession by the person who is bringing in the firearm or
ammunition.

A few additional resources and worthy links:

922(r) and NFA weapons: http://www-2.cs.cmu.edu/afs/cs/user/...tf_letter3.txt

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

NOTE: 922(r) DOES NOT APPLY TO NFA WEAPONS (AOW, SBR, MGs)!!!

The 922(r) law

From http://resource.lawlinks.com/Content...itle_18_44.htm

(r) 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 Secretary.

NOTE: 922(r) ONLY APPLIES TO SEMIAUTOMATIC RIFLES AND SHOTGUNS!!! IE Does not apply to Pistols, or manually operated firearms!

http://www-2.cs.cmu.edu/afs/cs/user/...f_letter24.txt

DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
Washington, D.C. 20226

AUG 13 1997 E:CE:FT:EMO
3311

Dear Mr. :

This refers to your letter of July 30, 1997, in which you ask
additional questions about the number of imported parts contained
in rifles based on the AK 47 that are imported into the United
States.

Title 27 CFR, Section 178.39(a) states that no person shall
assemble a semiautomatic rifle or any shotgun using more than 10 of
the imported parts listed in paragraph (c) of this section if the
assembled firearm (emphasis added) is prohibited from importation
under section 925(d)(3) as not being particularly suitable for or
readily adaptable to sporting purposes. Firearms based on the AK
47 design are not approved for importation with separate pistol
grips, folding stocks, bayonet mounts, threaded muzzles, flash
suppressors, grenade launchers, night sights or bipod mounts.

Therefore, if you assemble an AK type firearm using more than 10
imported parts listed in paragraph (c), the assembled rifle must
have a one piece thumb hole style stock and may not have a separate
pistol grip, folding stock, bayonet mount, threaded muzzle, flash
suppressor, grenade launcher, night sight or bipod mount.

If you plan to assemble an AK type weapon using 10 or less of the
imported parts listed in paragraph (c), the rifle is not required
to have a one-piece thumbhole style stock. However such rifle many
not be in a configuration that meets the definition of
semiautomatic assault weapon as that term is defined in 18 U.S.C.,
Chapter 44, Section 921(a)(30).

- 2 -

You also asked about marketing a parts kit containing a combination
of domestic and imported parts. In order to respond to your
inquiry concerning the legality of using these parts on an imported
AK type rifle, it is requested that a sample of the parts kit be
submitted.

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


Sincerely yours,
[signed]
Edward M. Owen, Jr.
Chief, Firearms Technology Branch

[Quarterbore]

The 16 parts affected by 922(r) in an AK.

Note: With a milled receiver, the trunion is part of the receiver so that part would not apply with milled AKs (IE 15 countable parts).

The floor plate is part of the mag. The box mag on an AK is 3 of the parts. Follower, floor plate, and body. (Drums have one part, since they don't have floor plates or removable followers.)

(1) Frames, receivers, receiver castings, forgings or stampings
(2) Barrels
(3) Mounting blocks (trunions)
(4) Muzzle attachments
(5) Bolts
(6) Bolt carriers
(7) Gas pistons
(8) Triggers
(9) Hammers
(10) Disconnectors
(11) Buttstocks
(12) Pistol grips
(13) Forearm handguards
(14) Magazine body
(15) Followers
(16) Floorplates

[Quarterbore]

I am adding a link here to a BATFE letter regarding the compliance status of the forward pistol grip on an AMD-65... Please see the letter here:

http://www.quarterbore.net/forums/showthread.php?t=154

As a result of some confusion that I just saw on ARFCOM it is important to note that while the forward grip is NOT considered to be a FOREIGN PART because it is a pistol grip... IT IS A FOREIGN PART as it is part of the forarm which is on the list of items that count towards your Import Parts Count... Also, note that the forward grip doe not count as a handguard so removal of the forward grip does not eliminate the fact that the sheetmetal that is left is still a forearm and counts as a countable part...

Wow, is this clear as mud?