Grandfathered semiautos.

[Handy]

Also posted on HKPRO, I'm looking for popular confirmation of the following. This is from BATF Tech Branch phone calls and a read of applicable laws. While geared to HK type models, the dates and laws are applicable to all military style semiautos of the period (Aug, AK, FN, Galil). Your opinions and comments are welcome.

In 1989 a Presidential order stopped the import of the following 91 types: HK91, Springfield SAR-3, FMP G3S. (Possibly more, but this list is sufficient.) In response, the HK911, SR9, SAR-8 and XG3S were created and were importable as "sporting" rifles.

On Nov. 30, 1990 a law known as USC 922r went into effect. This law made it illegal to newly assemble a non-importable rifle from foreign parts. Assemble was defined as a change in military feature configuration (like pistol grips), as well the more pedestrian definition of assemble. This law had a grandfather clause which allows any previously imported or assembled "non-sporting" rifle to not fall under the restrictions of the new law.

In 1994, the Crime Bill creates USC 922v, which bans the assembly or import of assault weapons, defined as having more than 1 military type feature. The grandfather clause in this law allows that any previously assembled assault weapons are forever in that status and this law does not regulate them.

The question then is; there are many HK911, SR9, SAR-8 and XG3S rifles advertised with legal pistol grips and other changes to configuration done before Nov. 30, 1990 (per receipts and serial numbers); are these weapons in a legal form? And, are they grandfathered under either 922r (in the case of a single item) or both 922r and 922v (in the case of multiple military features)? If not, what did the owners do wrong back in 1989 and 1990?

I am not speaking of newly "assembled" weapons using 6 US parts to make a post ban US made HK gun. I thank you for your constructive responses.

 

[yankytrash]

Ok, I had to read your post about 7 times, but I think I got it now.

In a way, you've sort of answered your own question, but let me simplify it a little, and maybe you can find your results.

First, for your reference, some quotes:

TITLE 18 > PART I > CHAPTER 44 > Sec. 922.
Sec. 922. - Unlawful acts
(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...

TITLE 18 > PART I > CHAPTER 44 > Sec. 925.
(d) The Secretary 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 Secretary 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;

TITLE 26 (Internal Revenue Code)> Subtitle E > CHAPTER 53 > Subchapter B > PART I > Sec. 5845.
Sec. 5845. - Definitions
For the purpose of this chapter -
(a) Firearm
The term ''firearm'' means

(1) a shotgun having a barrel or barrels of less than 18 inches in length;

(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;

(3) a rifle having a barrel or barrels of less than 16 inches in length;

(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;

(5) any other weapon, as defined in subsection (e);

(6) a machinegun;

(7) any silencer (as defined in section 921 of title 18, United States Code); and

(8) a destructive device. The term ''firearm'' shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.

The highlights are by me, to reference to the other quotes from the US Code.

First, let me say that I'm only an armchair-lawyer. The laws in regards your subject have become so clouded in controversy, thanks to the BATF's self-approved 'decrees' without legislative reveiw, that no one really can completely understand the BATF's interpretations on these laws from one day to the next.

The entire confusion here is in regards to 'sporting' parts and 'machinegun' parts. Basically, the laws you reference for this case are in reference to machine guns and the parts that make them machine guns, Internal Revenue Code section 5845(6).

The lawmakers made it illegal to import a 'real' HK91 because they found it was too easy to convert it back to a select-fire machinegun with little or no parts.

Thus, came your HK911, I suppose (I'm no HK expert, so bear with me. My history knowledge is weak to nil on the HK family). I would assume that some real modifcation to the receiver and/or trigger group is necessary to make an HK911 into a select-fire HK91-type. Whether that is true or not is irrelevant here, as long as the lawmakers believe it to be so.

So, you see, the change is not in the cosmetics that are defined in 922(v) (you know, evil baby-killing features like pistol grips and detachable mags... ), but it is in the mechanics of the gun and it's readiness to be converted back to a full-automatic weapon.

I would assume the rifles in question are indeed legal, because, by ATF approval, they cannot be readily converted to machineguns by their very model names. Past that, as long as they comply with the standards set by 922 (v), they are completely legal, with or without paperwork.

Hope that helps you. Post back if I am way off-base understanding your question.

 

[Handy]

Sir,

Thank you for your response. I wasn't asking a question so much as confirming what I've found. I've gotten two other confirmations.

Your conclusions are a little off. All HK91's, and the previous HK41's, have a frame mod to prevent full auto trigger parts. That goes back to the late '60's and isn't the issue.

The issue is the removal of thumbhole stocks in favor of pistol grips and installation of other military items like flashhiders and folding stocks on weapons imported for a brief period.

When I get enough responses I'll codify this somewhat and post the results for the use of buyers.