Posted on 08/11/2005 3:38:33 PM PDT by Nachoman
OPEN LETTER TO FEDERALLY LICENSED FIREARMS IMPORTERS AND REGISTERED IMPORTERS OF U.S. MUNITIONS IMPORT LIST ARTICLES
The purpose of this open letter is to provide important information to importers concerning the lawful importation of certain frames, receivers and barrels.
Importation of Frames, Receivers or Barrels of Firearms Under Title 18 U.S.C. § 925(d)(3)
Section 925(d) provides standards for the importation of firearms and ammunition into the United States. In particular, section 925(d)(3) provides that the Attorney General shall authorize a firearm to be imported if it meets several conditions: (1) it is not defined as a firearm under the National Firearms Act (NFA); (2) it is generally recognized as particularly suitable for or readily adaptable to sporting purposes; and (3) it is not a surplus military firearm. However, the subsection further provides that “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.”
---- snip ----
Importers holding approved import permits for non-importable barrels and receivers will receive a letter prior to September 10, 2005, advising them that their permit has been suspended.
(Excerpt) Read more at atf.treas.gov ...
To spare you reading the government gobbledy-gook, I'll summarize. Under the auspices of our "pro-second amendment" president, and with the urging of AG Gonzales, the BATF, by fiat, has reinterrpreted the Gun Control Act of 1968 to make importation of gun barrels illegal as of September 10, 2005. This primarily affects military type weapons deemed "not having a sporting purpose."
Who cares? We should all care. This is a perfect illustration of the insidious errosion of our Constitutional rights. Without justification, previously legal gun parts will be illegal overnight, futher restricting supplies of firearms to law-abiding citizens. A stealth ban is a ban, nonetheless.
Back door ban...
Sounds like that needs a legal challenge..
What is the effect if someone wants to import a MAK-90 barrel to replace a worn-out barrel on a pre-1990 semi-auto AK?
Guns for the peons are banned in Mexico. Only the government has them legally, and of course the narcotrafficantes have entire arsenals illegally. In other words, only the Patrons, the Caudillos, have armed power.
Sr. Gonzales aspires to be one of the Patrons, and do it here in the United States, once the land of the free and equal.
The idea being to make this country just like the country where his roots and his loyalties lie.
Is it lawful for the BATF to issue an edict like this without new Congressional action? Sounds highly suspect to me.
I don't know what we'd do without the republican majority and 'you know who' to protect us from stuff like this.
Some of those folks in Washington who claim to support the Second Amendment need to take AG Gonzales aside and let him know that he and his boys at the BATFE stepped in it.
President Bush, it's time go go attorney general shopping!
Don't recall the second amendment having that clause attached to it.
He has been elected, why not slip one by the rubes.
Well, two things:
1. Since the 1994 AWB sunset, there should be no BATFE distinction between a component that was once regarded as 'Pre-ban' compared to 'Post-ban'. It's no longer an issue. Since your pre-1989/1990 receiver was lawfully imported 'for sporting purposes', foreign pre-1989 barrels should still be allowed to be imported. We'll see what really happens because the BATFE is known for just making stuff up as they go along.
2. Domestically-produced Kalashnikovs are usually better than the original semi-auto clones imported into the US. Find a US manufacturer to suit you.
"(2) it is generally recognized as particularly suitable for or readily adaptable to sporting purposes; and (3) it is not a surplus military firearm." >/i>
This law needs to be repealed or rewritten to recognize self-defense as a legitimate reason for owning a firearm. The socialist Democrats enacted racist and elitist firearm prohibition legislation that allows firearm ownership for sporting purposes but not for self-defense and defense of family.
This elitist legislation discriminates disproportionately against minorities and the poor, who more often live in high crime neighborhoods with inadequate police protection, in cities run by corrupt Democrat political machines.
Also, the Second Amendment specifically recognizes the right to own firearms that are suitable for military purposes.
Reference U.S. Supreme Court - UNITED STATES v. MILLER, 307 U.S. 174 (1939), http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=307&invol=174:
"In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense. Aymette v. State of Tennessee, 2 Humph., Tenn., 154, 158."
. . .
"The Militia which the States were expected to maintain and train is set in contrast with Troops which they [307 U.S. 174, 179] were forbidden to keep without the consent of Congress. The sentiment of the time strongly disfavored standing armies; the common view was that adequate defense of country and laws could be secured through the Militia- civilians primarily, soldiers on occasion."
"The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."
"Domestically-produced Kalashnikovs are usually better than the original semi-auto clones imported into the US. Find a US manufacturer to suit you."
And spend twice as much for it.
Rino's. I hope their fans here are happy.
Nothing really unusual about it but there was a distinct air of snobbery towards the other pilots who were from rural areas and not as well educated as him.
Although Chuck Yeager was not a Navy Pilot, he was the first one I thought of when he was deprecating those country boys.
The Bushes are Northeast Bluebloods regardless of the fact they lived in Texas. They look down on NRA types.
Net affect will be neglient.
Not that it makes it OK by any means, just more government gobbledeegook.
Probably, but in whose hands would your money end up?
The half I save would end up im ny hands.
"Things like this don't happen without the President's knowledge."
On the contrary, President Bush is certainly preoccupied with the war effort, moving forward his legislative agenda, and defending against the socialist Democrat war against America and himself.
BATF obviously has numerous Clinton administration leftover bureaucrats "in the woodwork" that are promoting Clinton Democrat policies rather than Bush Republican policies whenever they can get away with it. This is also true of other federal government organizations, including the State Department, EPA, etc.
We should all contact President Bush and Congress on this issue, and also ask him to ask Congress to repeal or rewrite the 1968 Gun Control Act provisions that only recognize sporting as a legitimate reason to own firearms. That is, rewrite the law to recognize self-defense, casual or serious collecting, family heirloom, investment, business purposes, etc., in addition to sporting, as legitimate reasons to own firearms.
We should also urge the NRA to contact the President and Congress on this issue, if they have not already done so.
I believe President Reagan wanted to abolish the BATF and have the FBI perform take over any of its duties that the FBI does not already perform.
The 1990 import restrictions have nothing whatsoever to do with the 1994 AWB and remain in effect. Pre-1990 AK clones have pistol grips and often have folding stocks. Post-1990 AK clones (MAK-90) have thumbhole grips, since pistol-grip semi-autos that feed from detachable magazines are not "sporting" firearms.
The distinction between pre-1990 and post-1990 firearms remains significant, because BATF regulations forbid anyone from modifying firearms imported after 1990 into non-sporting configurations.
My question, in simplest form, would be "is there any problem with importing a barrel nominally intended for use on a "sporting" firearm (a MAK-90) for the purpose of using it on a "non-sporting" firearm (a pre-1990 semi-auto AK)?"
I disagree. Gun control is a hot button issue and there is no way an agency does this king of thing without the administration being aware of it.
Probably in the hands of a country who is using tooling left over from soviet domination to form a free capitalist society.
Your line sounds like the justification for every foreign made gun ban on the books. The anti-gunners propose a ban and some quisling gun owners go with it because it only affects "those cheap for-en guns". And hey, what's a little protectionism amongst friends? Who cares if the average gun buyer and the 2nd amendment gets screwed in the process???
I was shocked that this did not get posted earlier, to the point I decided it must have been pulled as being too critical of AG Gonzales!
Bubba Klinton at least pressed his anti-gun rights agenda out in the open, this attack, and the recent ITAR Fee increase, were both done without any consent of, or even fair notice to, our reps in congress.
This "reinterpretation" has NOT gone into effect yet, (60 days after the notice) there is still time to demand that congress BLOCK it's implementation, and demand that the AG return to the traditional interpretation of the past several years.
I strongly suspect that this change was "coincidentally" timed to take effect while congress is still in recess, or immediately after they return, in order to prevent congress having any chance to prevent this feculent change.
There is another way to stop this, DEMAND that congress pass H.R. 1703, a bill which would delete the entire "Sporting Purposes" charade from federal law. No "S.P." requirement means no distinction can be made.
H.R. 1703 would set the sedition minded gun banners agenda back by decades!
Please ask your reps to become cosponsors of H.R. 1703, it really is THE bill we need to truly cripple the "Gun Control" crowd.
While you are at it, I would ask that you also voice support for H.R. 2088 (VHFA Bill) and H.R. 1603 (Fairness In Firearms Testing).
ALL of these bills attempt to do great things for our RKBA!
More details available at thomas.org or http://www.nfaoa.org
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