High Capacity Magazines in guns from 1994-2004

[liljohn]

I have a funny situation here. My dad has an AK copy that he bought after the AWB. The magazine well had two small lugs cast into the housing that prevented a high-capacity magazine from being inserted; it will only accept post-AWB 10 round mags that have two grooves to accommodate the lugs. However, if one took a file, the lugs could be flattened with two or three passes (yes, they are that small, but intentionally cast). Then it would accept a 100 round DRUM magazine that I've had laying around (cool).

I know the AWB said that it is illegal to modify a gun to accept a high cap magazine. Technically, would that still apply? What if they pass the AWB again--would it only apply to guns made from the time the new AWB is passed? If they "renew" the AWB, wouldn't that mean guns modified during the lapse would be illegal?

If this thread goes nowhere, I completely understand.

 

[armoredman]

The law known as the AWB does not exixt anymore, and penalties ot would have levied do not apply. Rest assured, if they pass another AWB, it will be much worse....

 

[Graystar]

As armoredman said, the law is gone so you don’t have to worry about it anymore.

It is impossible to know what would be in a new law. They may decide to grandfather existing firearms, they may decide that all of them are banned regardless of manufacture date.

In any case, the likelihood of another ban is remote. Since the ban was passed, CCW has expanded and nearly all lawsuits against the gun industry have been thrown out of court. People are beginning to realize that the problem is the criminal, not the gun (except in a few places like California and New York.)

 

[Zrex]

If the AK were modified to accept high capacity mags, then it would be in violation of 922(r). In order to modify the weapon to be compliant with 922(r), you would need to replace enough parts on the AK clone so it would not be considered an "import".

AK clones contain 15 parts --- 16 if they have a muzzle brake.

You can have no more than 10 imported parts in this rifle. The easiest way to accomplish this would be to replace the buttstock, pistol grip, and forearm. Then you only need 2 (or 3 with muzzle brake) additional parts. You can get US manufactured fire control groups (3 pieces - trigger, disconnector, hammer) relatively inexpensively from places like TAPCO.


Title 18 USC § 922(r) made it illegal to build any firearm prohibited from importation as “non-sporting†under Title 18 USC § 925(d)(3).

It is my belief that the rifle in question here could be imported as "sporting" due to its inability to accept normal capacity magazines. To convert it to take normal capacity magazines, would remove it from the "sporting" category. Best to write a letter to BATFE for confirmation.

 

[armoredman]

Thanks for the clarification, Zrek - I was in a hurry. That's why I will use the factory hi-cap Saiga mags in it - to avoid modifications that may run afoul of 922.

 

[Zrex]

A little additional info on 922(r)

Overview:

Any rifle with ten-or-less imported parts is not considered an imported rifle and is not subject to 922(r). While there may be dozens of parts in any particular rifle, ATF has defined a list of specific parts that are “countedâ€. Note that the total number of “counted parts†is not important, just the number which are imported. So often swapping just a few imported parts for US-made ones frees a rifle from the provisions of Title 18 USC § 922(r).

What are the parts that “count�

178.39 defines a list of twenty parts that ATF considerers when deciding if a firearm is imported or not. The total number of listed parts in the rifle is not important, so often swapping just a few imported parts for US-made ones frees a rifle from the provisions of Title 18 USC § 922(r). The listed 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

If more than ten of the listed parts are imported, the entire rifle is considered imported. If ten or less of the listed parts are imported, the entire rifle is considered “US-Madeâ€. Recall that the onerous requirements of Title 18 USC § 922(r) only apply to imported rifles.

 

[HankB]

However, if one took a file, the lugs could be flattened with two or three passes (yes, they are that small,

If the lugs are that small, it seems that a couple minutes' work with a Dremel on a magazine would take care of the fit problem - just put in a little relief. No modification to the rifle - obviating the (probably theoretical) concerns about 922(r) - and with AWB expired, there are no rules about magazines.

 

[carpettbaggerr]

very unl

Just replace enough parts to comply with 922r.

Of course the parts have no serial # so it's impossible to prove whether they've been replaced. And a prosecutor would have to prove they hadn't been replaced, in the very, very unlikely event of a prosecution......