BATFE: Revised SAW regs as of Sept. 13, 2004

BATFE online ^ | 9/13/2004 | BATFE

[Joe Brower]

	U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives
	Washington, DC 20226

CHANGES IN FEDERAL LAW AS OF SEPTEMBER 13, 2004
RELATING TO
SEMIAUTOMATIC ASSAULT WEAPONS (SAWs)

AND

LARGE CAPACITY AMMUNITION FEEDING DEVICES (LCAFDs)

GENERAL

As of September 13, 2004, the provisions of Public Law 103-322, the Violent Crime Control and Law Enforcement Act of 1994, covering semiautomatic assault weapons and large capacity ammunition feeding devices are no longer in effect. The regulations implementing these provisions also are no longer in effect.

Specifically, there is no longer a Federal prohibition on the manufacture, transfer, and possession of semiautomatic assault weapons and large capacity ammunition feeding devices.

There are no longer any marking requirements for semiautomatic assault weapons and large capacity ammunition feeding devices. Existing markings on firearms and magazines relating to law enforcement or government use may be disregarded.

There is no longer any Federal requirement for Federal firearms licensees to obtain certain documentation before transferring semiautomatic assault weapons and large capacity ammunition feeding devices to government agencies or law enforcement officers. However, any records obtained prior to September 13, 1994, pertaining to the sale or transfer of semiautomatic assault weapons must still be retained for a period of 5 years. See 27 CFR § 478.129(f). Moreover, records of importation and manufacture must be maintained permanently and licensees must maintain all other acquisition and disposition records for 20 years.

Licensees who provided letters of future intent to sell semiautomatic assault weapons and large capacity ammunition feeding devices to law enforcement agencies and other qualified customers are no longer obligated to comply with such letters.

Anyone who illegally possessed, manufactured, or transferred semiautomatic assault weapons or large capacity ammunition feeding devices before the bans sunset still have violated the law since their possession, manufacture, or transfer was illegal at the time.

IMPORTATION

The prohibition on the importation of non-sporting firearms under 18 U.S.C. section 922(l) and 925(d)(3) still applies.

Importation of large capacity ammunition feeding devices still is covered under the Arms Export Control Act. Therefore an approved permit still is required to import large capacity magazines.

Temporary importation of semiautomatic assault weapons and large capacity magazines is now lawful under the provisions of 27 CFR § 478.115(d) because temporary importations are not subject to the sporting purpose test.

Any importer who has a valid approved Form 6 import permit with a restriction related to the assault weapon ban should comply with the restriction because the weapons most likely are non-sporting.

Any importer who has a valid approved Form 6 import permit with a restriction related to large capacity ammunition feeding devices may disregard the restriction. Importers may apply for a new permit if they prefer.

ASSEMBLY OF NON-SPORTING SHOTGUNS AND SEMIAUTOMATIC RIFLES FROM IMPORTED PARTS

The prohibition on assembly of non-sporting shotguns and semiautomatic rifles from imported parts as provided under 18 U.S.C. § 922(r) and 27 CFR § 478.39 still applies.

SENTENCING ENHANCEMENTS

The sentencing enhancements for using semiautomatic assault weapons in a crime of violence or drug trafficking crime no longer are in effect. Similarly, the sentencing enhancements for semiautomatic assault weapons in the U.S. Sentencing Guidelines no longer are in effect.

LAW ENFORCEMENT OFFICERS AND POLICE DEPARTMENTS

Law enforcement officers and police departments who obtained semiautomatic assault weapons are no longer required to use such firearms only for official use.

Law enforcement officers and police departments may now sell or transfer semiautomatic assault weapons to persons who are not prohibited from receiving firearms.

Law enforcement officers and police departments may now sell or transfer large capacity ammunition feeding devices to anybody.

Signed statements that semiautomatic assault weapons and large capacity ammunition feeding devices will be used for official use are no longer required to be provided to Federal firearms licensees.

RETIRED LAW ENFORCEMENT OFFICERS

Federal law does not prohibit retiring law enforcement officers from keeping semiautomatic assault weapons or large capacity ammunition feeding devices.

Former law enforcement officers who received semiautomatic assault weapons on retirement may now transfer those firearms to persons who are not prohibited from receiving firearms. Transfer of large capacity ammunition feeding devices is no longer restricted.

NATIONAL FIREARMS ACT

All provisions of the National Firearms Act relating to registration and transfer of machineguns, short barreled rifles, weapons made from rifles, short barreled shotguns, weapons made from shotguns, any other weapons as defined in Title 26 U.S.C. section 5845(e), silencers, and destructive devices still apply.

Registered silencers can now be attached to semiautomatic rifles and pistols without creating a prohibited semiautomatic assault weapon.

USAS-12 and Striker12/Streetsweeper shotguns are still classified as destructive devices under ATF Rulings 94-1 and 94-2 and must be possessed and transferred in accordance with the NFA.

EFFECT ON STATE LAW

Expiration of the Federal law will not change any provisions of State law or local ordinances. Questions concerning State assault weapons restrictions should be referred to State and local authorities.

Download the PDF Version

 

 

[Joe Brower]

Right from the BATFE’s own website as of this morning. The AW ban has indeed gone into the dustbin of history. Good riddance.

I would advise printing two copies of this document and keep them handy in your vehicle and shooting box, just in case you run into any LEOs who didn’t get the message.

We did good, people. Rest up, have a cold one, and get ready for the next time. Because there will be a next time, you can bet on it. We’ve won this long, hard battle, but as long as creatures like Kerry, Schumer, Kennedy, Feinstein, Boxer, Waxman, Reed, Lieberman, etc., etc. inhabit the U.S. Senate, the war is never over.

[Joe Brower]

[Constitution Day]

It hardly seems real that I'm reading this from BATFE's own website.

Very nice.

[steplock]

Now they need to release and apologize to all Americans arrested, fined and jailed because of thei UNSCONSTITUTIONAL POS law that was passed by cowards and those who would destroy our Republic!

[gunnygail]

Well said.

THE FIGHT WILL NEVER END!

REMEMBER THIS: Confident, Cocky, LAZY, DEAD!

Vermin on the Hill would LOVE to subjugate us through legislation and the sheeple out there would let it happen. We stay FREE through the actions of a FEW.

Valley Forge, Belleau Woods, Wake Island, Iwo, Korea, Cold War, Vietnam, Gulf Wars 1&2, etc.

Life Member: NRA
Member: VCDL, GOA

[TigersEye]

FREEDOM! Well, a little bit more anyway. Can I stop worrying about the folding stock on my SKS? I saw nothing about that. My bayonet lug is effectively disabled by the muzzle brake I put on but I could re-enable it by replacing the muzzle brake with a flash suppressor. The urge to upgrade never dies.

[.38sw]

...but as long as creatures like Kerry, Schumer, Kennedy, Feinstein, Boxer, Waxman, Reed, Lieberman, etc., etc. inhabit the U.S. Senate, the war is never over.

Unfortunately, Boxer will be around for another six years. I'm happy for the rest of you guys in free America.

[JOAT]

One welcome step.

Time to press the issue and actually start repealing more unconstitutional garbage 'laws.'

[NRA2BFree]

Thank God that it's behind us. For now, anyway. I'm going to waste no time getting the things I want, because you know the anti gun crowd will introduce more gun legislation after the election. I'm going to send a thank you e-mail to all of those who we owe for keeping this from being reinstated. I'm sure they're just as happy to see it sunset, because it will keep people like me off their backs. LOL

[coloradan]

Now they need to release and apologize to all Americans arrested, fined and jailed because of thei UNSCONSTITUTIONAL POS law that was passed by cowards and those who would destroy our Republic!

Not only won't they do that, it seems they are still leaving room to prosecute such people in the future: Anyone who illegally possessed, manufactured, or transferred semiautomatic assault weapons or large capacity ammunition feeding devices before the bans sunset still have violated the law since their possession, manufacture, or transfer was illegal at the time.

[Joe Brower]

"Can I stop worrying about the folding stock on my SKS?"

As far as I understand it, yes. If that "evil" folding stock was a problem because of this law, well, this law no longer exists.

Be advised, I am not a lawyer, nor do I play one on TV. $;-)

[isthisnickcool]

So, it did die last night? Not tonight?

[NYRaider]

A useless set of laws imposed by a corrupt President that has finally meet its end. One more of Mr. Clintons legacy's gone.

[ArrogantBustard]

It's a good first step ...

[OXENinFLA]

WOW COOL!!

I'm going to print this out and put it on my office door!

[Travis McGee]

Anyone who illegally possessed, manufactured, or transferred semiautomatic assault weapons or large capacity ammunition feeding devices before the bans sunset still have violated the law since their possession, manufacture, or transfer was illegal at the time.

[TigersEye]

Be advised, I am not a lawyer, nor do I play one on TV. $;-)

Ah, your word's good enough for me, Joe! ;^) Besides, it's been on there for the last ten years with a 30 rd. magazine anyway. It's just nice to feel like I'm not sneaking around.

[sergeantdave]

Right you are, gunny.

Vigilance is the word.

I'd bet a dollar to a doughnut that one or more of these socialist predators infesting the senate will try to sneak a gun ban into one of the big omnibus bills that will be coming through.

If I recall correctly, that's how the snake Lautenberg got the illegal ex-post facto domestic violence ban on firearms through.

[Vic3O3]

bangbangbangbangbangbangbangbangbangbangbangbangbangbangbang!

[Sender]

"It's dead, Jim."

[TigersEye]

One more of Mr. Clintons legacy's gone.

True, true, so true. Now if we could just get back that missile guidance and warhead technology from China. That's going to be a little tough to fight with semi-automatic rifles.

[Double Tap]

Anyone who illegally possessed, manufactured, or transferred semiautomatic assault weapons or large capacity ammunition feeding devices before the bans sunset still have violated the law since their possession, manufacture, or transfer was illegal at the time.

Yeah, go ahead and try and prove it BATFags.

[Cobra64]

Fox News just said, "the ban expires later today."

[WorkingClassFilth]

ANYBODY GOT A BELT-FED .50 CREW SERVED WEAPON FOR SALE? I'M THINKIN' A MA-DUECE, BUT I COULD BE PERSUADED OTHERWISE. OH, AND IT HAS TO BE SEMI-AUTO ONLY...

[Joe Brower]

"So, it did die last night?"

Yes. Go to "awbansunset.com" for details.

"Fox News just said, 'the ban expires later today.'"

Fox news is wrong. When it comes to gun issues, they don't do much better than ABC, CBS, NBC, CNN, etc., IMHO.

Also look at the way the leftmedia is raging over this in today's morning papers. It's gone, and they are having epileptic fits over it.

But hey, just to be safe, hang on for another 24 hours. We've waited ten years -- another day isn't going to matter much.

[Joe Brower]

This is probably just scare-language from the Clintonista holdovers in the BATFE, of which there are many, as we know.

I'd really like to know how they intend to prove such a thing. Of course, they don't have to in order to make your life miserable regardless.

Neat how it works, isn't it?

[ninenot]

That's going to be a little tough to fight with semi-automatic rifles

Even MORE challenging with spitballs from Kerry's Pentagon priorities...

[Travis McGee]

This also jumped out at me:

Former law enforcement officers who received semiautomatic assault weapons on retirement may now transfer those firearms to persons who are not prohibited from receiving firearms.

Since when are retired LEOs receiving semiautos on retirement? News to me. Why?

[Beelzebubba]

Anyone who illegally possessed, manufactured, or transferred semiautomatic assault weapons or large capacity ammunition feeding devices before the bans sunset still have violated the law since their possession, manufacture, or transfer was illegal at the time.

---

Thus, anyone currently possessing what yesterday was illegal would be well advised to arrange a sales transaction with a paper trail showing it is newly acquired today. (And I sure hope it had been purchased in a private sale, and not from a dealer with all the ATF paperwork.)

[Beelzebubba]

ANYBODY GOT A BELT-FED .50 CREW SERVED WEAPON FOR SALE? I'M THINKIN' A MA-DUECE, BUT I COULD BE PERSUADED OTHERWISE. OH, AND IT HAS TO BE SEMI-AUTO ONLY...

---

http://tnwfirearms.com/

[Blood of Tyrants]

There are no longer any marking requirements for semiautomatic assault weapons and large capacity ammunition feeding devices. Existing markings on firearms and magazines relating to law enforcement or government use may be disregarded.

I'll bet that before the gun shows are over this weekend, some stupid and/or lying/greedy gun dealer will try to say that the LEO marked mags are still illegal to sell to private individuals (but he could sell you these genuine pre-ban mags for twice the going rate).

[Joe Brower]

News to me too. Maybe they're talking about those fancy gold-inlaid laser-engraved too-pretty-to-shoot things that you see for sale in "American Rifleman". $;-)

[in the Arena]

BTTT

[CurlyDave]

Unfortunately, Boxer will be around for another six years.

How old is she getting to be? Maybe there is hope after all.

[Dead Corpse]

Anyone who illegally possessed, manufactured, or transferred semiautomatic assault weapons or large capacity ammunition feeding devices before the bans sunset still have violated the law since their possession, manufacture, or transfer was illegal at the time.

Amazing. If you had it when it was legal, and they make it illegal, then that is a crime. If you had it while it was illegal, and then they make it legal, then THAT is still a crime.

Anyone see any problems with this kinda logic?

[RKV]

My order from Bushmaster is already shipped in UPS tracking says it will arrive Wednesday. YEEHAW!

[Cobra64]

Fox news is wrong. When it comes to gun issues, they don't do much better than ABC, CBS, NBC, CNN, etc., IMHO.

Also look at the way the leftmedia is raging over this in today's morning papers. It's gone, and they are having epileptic fits over it.

Just saw Fox broadcasting another of Lurch's lies. HorseFace was accusing Bush of not passing an extension of the AWB. Well, it seems that Congress did not put a Bill on his desk for him to even sign!!!

I am going to send emails to Fox, Rush and Sean mentioning this little 'detail'. Hope some of you would start a new thread mentioning this. (I don't know how to post a thread).

[Smokin' Joe]

I couldn't get the link to work. It just says the document is not available on this server...

[Smokin' Joe]

Just right click on the link at the upper left, click on 'save target as', and you are good to go!

[blackie]

The Second Amendment...
America's Original Homeland Security!

Be Ever Vigilant!

[Ronaldus Magnus]

I don't want to be a party pooper, but the statement has been pulled from the front page of the ATF website and the pdf document version removed from the server.

[Joe Brower]

"I couldn't get the link to work. It just says the document is not available on this server..."

You are correct -- I just verified this myself. It appears that the file has been pulled from the site. Hmmmmm...!

In any case, it was working this morning, and at that time I archived the file to my local hard disk. In the interest of serving the public good, I now have made this document available to everyone from my own website.

Click the link below, and if you have Acrobat Reader installed in your browser, it will load there. If you want to right-click and "Save as", that will work too.

Have at it, me buckos!

CHANGES IN FEDERAL LAW AS OF SEPTEMBER 13, 2004 RELATING TO SEMIAUTOMATIC ASSAULT WEAPONS (SAWs).

[Joe Brower]

See post #42.

[Ronaldus Magnus]

Thank you for your archive. They seem to be cleaning their web site as we write this. So far the statement has been removed from their front page and these pages have been removed:

http://www.atf.gov/firearms/091304openletter.htm
http://www.atf.gov/firearms/saw-faqs.htm

As I write this, only this one is still up:

http://www.atf.gov/firearms/saw-factsheet.htm

Looks like we have some Big Brother revisionism going on.

[RogueIsland]

BATFE: Revised SAW regs as of Sept. 13, 2004

Damn, for a moment I thought the BATFE was going to let me buy a Squad Automatic Weapon without Class III paperwork.

[Old Professer]

Should I type that or just dummy it up in Word?

[Smokin' Joe]

Thanks, Joe. I got it (see post #39). If it is there, we will find a way...

[Dead Corpse]

Heck, even a semi-auto only conversion would be nice.

[Area51]

[Smartass]

2nd Amendment...

THANKS FOR THE PING