gun-fucious
Member
http://www.ar15.com/forums/topic.html?b=1&f=6&t=74364&w=searchPop
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DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, DC 20226
NOV 1 6 2001
Dear Mr. XXXXXXXXXX:
This refers to your letter of March 19, 2001, in which you ask about
the status of certain semiautomatic assault weapons which have been
altered to another configuration.
As defined in section 921(a)(30), of Title 18, United States Code
(U.S.C
, the term "semiautomatic assault weapon" includes certain
named weapons and certain semiautomatic rifles, pistols, and shotguns
that have a combination of enumerated features. Title 18 U.S.C.
section 922(v)(1) prohibits manufacture, transfer, and possession of
semiautomatic assault weapons; however, section 922(v)(2) provides
that any semiautomatic assault weapon that was lawfully possessed
under Federal law on September 13, 1994, is excluded from the
prohibition.
A frame or receiver of a semiautomatic assault weapon, meets the
definition of a "firearm" in 18 U.S.C. section 921(a)(3); however, a
firearm frame or receiver alone, without the additional qualifying
features, does not meet the definition of a "semiautomatic assault
weapon" in section 921(a)(30). Therefore, a firearm frame or receiver
does not meet the exemption in section 922(v)(2).
We have also determined that a semiautomatic assault weapon in
knockdown (unassembled) condition consisting of a receiver and all
parts needed to assemble a complete semiautomatic assault weapon are
subject to regulation if the parts are segregated or packaged
together and held by a person as the parts for the assembly of a
particular firearm.
You describe an AR15 type rifle that met the definition of a
semiautomatic assault weapon and was lawfully possessed on September
13, 1994. At some subsequent time the rifle was temporarily
reassembled in a configuration such that it no longer had the
qualifying features of a semiautomatic assault weapon. You asked if
the original components could then be lawfully reinstalled on the
rifle.
Provided that the original components were held by the owner and
reinstalled on the rifle, it is our opinion that the rifle would
still qualify as an exempted semiautomatic assault weapon even though
it had been temporarily assembled in a different configuration. We
note, that mere disassembly of a semiautomatic weapon by an owner
would not remove the firearm from the definition of a semiautomatic
assault weapon nor would the reassembly constitute manufacture of a
prohibited semiautomatic assault weapon.
Your second question concerns a semiautomatic assault weapon that
also meets the exemption in section 922(v)(2). However, this firearm
was disassembled and the receiver, without other components, was
sold. Since the receiver is no longer possessed with all parts
necessary to assemble a complete semiautomatic assault weapon, it no
longer meets the definition of a semiautomatic assault weapon. The
receiver does not meet the exemption in section 922(v)(2) and
assembly of this firearm in the configuration of a semiautomatic
assault weapon would be prohibited under section 922(v)(1).
If you are interested in determining the status of a particular
receiver or semiautomatic assault weapon, you should contact the
manufacturer or importer and ask about the date that it was
manufactured and the configuration at the time of sale. It may also
be necessary to contact subsequent dealers and owners who possessed
the firearm.
We regret the delay in responding to your inquiry. If you have
further questions concerning this matter, please contact us.
Sincerely yours,
Curtis H.A. Bartlett
Chief, Firearms Technology Branch
********************************************
DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, DC 20226
NOV 1 6 2001
Dear Mr. XXXXXXXXXX:
This refers to your letter of March 19, 2001, in which you ask about
the status of certain semiautomatic assault weapons which have been
altered to another configuration.
As defined in section 921(a)(30), of Title 18, United States Code
(U.S.C
, the term "semiautomatic assault weapon" includes certainnamed weapons and certain semiautomatic rifles, pistols, and shotguns
that have a combination of enumerated features. Title 18 U.S.C.
section 922(v)(1) prohibits manufacture, transfer, and possession of
semiautomatic assault weapons; however, section 922(v)(2) provides
that any semiautomatic assault weapon that was lawfully possessed
under Federal law on September 13, 1994, is excluded from the
prohibition.
A frame or receiver of a semiautomatic assault weapon, meets the
definition of a "firearm" in 18 U.S.C. section 921(a)(3); however, a
firearm frame or receiver alone, without the additional qualifying
features, does not meet the definition of a "semiautomatic assault
weapon" in section 921(a)(30). Therefore, a firearm frame or receiver
does not meet the exemption in section 922(v)(2).
We have also determined that a semiautomatic assault weapon in
knockdown (unassembled) condition consisting of a receiver and all
parts needed to assemble a complete semiautomatic assault weapon are
subject to regulation if the parts are segregated or packaged
together and held by a person as the parts for the assembly of a
particular firearm.
You describe an AR15 type rifle that met the definition of a
semiautomatic assault weapon and was lawfully possessed on September
13, 1994. At some subsequent time the rifle was temporarily
reassembled in a configuration such that it no longer had the
qualifying features of a semiautomatic assault weapon. You asked if
the original components could then be lawfully reinstalled on the
rifle.
Provided that the original components were held by the owner and
reinstalled on the rifle, it is our opinion that the rifle would
still qualify as an exempted semiautomatic assault weapon even though
it had been temporarily assembled in a different configuration. We
note, that mere disassembly of a semiautomatic weapon by an owner
would not remove the firearm from the definition of a semiautomatic
assault weapon nor would the reassembly constitute manufacture of a
prohibited semiautomatic assault weapon.
Your second question concerns a semiautomatic assault weapon that
also meets the exemption in section 922(v)(2). However, this firearm
was disassembled and the receiver, without other components, was
sold. Since the receiver is no longer possessed with all parts
necessary to assemble a complete semiautomatic assault weapon, it no
longer meets the definition of a semiautomatic assault weapon. The
receiver does not meet the exemption in section 922(v)(2) and
assembly of this firearm in the configuration of a semiautomatic
assault weapon would be prohibited under section 922(v)(1).
If you are interested in determining the status of a particular
receiver or semiautomatic assault weapon, you should contact the
manufacturer or importer and ask about the date that it was
manufactured and the configuration at the time of sale. It may also
be necessary to contact subsequent dealers and owners who possessed
the firearm.
We regret the delay in responding to your inquiry. If you have
further questions concerning this matter, please contact us.
Sincerely yours,
Curtis H.A. Bartlett
Chief, Firearms Technology Branch
