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x_man586

Bulgarian ak74 wood kit. No markings whatsoever. I have just refinishe

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Technically speaking it is foreign made parts. I am putting the butt stock and lower hand guard on my S12. There weren't any marks to begin with and now I have stained and cleared the wood. Hypothetically were someone to question the compliance of my shotgun who's to say where these parts came from. Now I am in Texas, and have never even seen an A.T.F. agent at any of the events I shoot at. I seriously doubt anyone will ever have any concern over anything I own. But what is the best answer.

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If the origin of the parts were every called into question, the burden-of-proof might be on you to prove they were US made.

 

I would never mark the parts "Made in the USA", or anything like that.

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Just to be clear, you are asking for confirmation if it is OK to knowingly break the law from a gun community forum. The answer is no. Is it a stupid law? Yes. Does it make sense? No. Not busting your balls here, but there are ways of still making your gun 922R compliant. As noted above change out the FCG (if it is not already US made) and use US mags and you are good to go.

Edited by Spacehog

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922 only has to do with assembly, not possession.  You are breaking no laws by possessing a firearm that is not in compliance with 922.  For example, if you bought a rifle at a gunshow and someone else assembled it, they are the ones who broke the law, not you.

 

Most people follow 922 regardless, because why push it?

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For the record this is all hypothetical. I already have more than enough american made parts. Mags, fcg, gas puck, muzzle device, I'm sure I am forgetting something. It was just a question. I agree with Sim_player in the burden of proof statement. Thanks

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If the origin of the parts were every called into question, the burden-of-proof might be on you to prove they were US made.

 

I would never mark the parts "Made in the USA", or anything like that.

 

For the record this is all hypothetical. I already have more than enough american made parts. Mags, fcg, gas puck, muzzle device, I'm sure I am forgetting something. It was just a question. I agree with Sim_player in the burden of proof statement. Thanks

 

It may cost you in legal fees but you don't have to prove a thing. The burden of proof is always on the state. See Presumption of Innocence

Edited by Atomic Punk

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I am of the opinion that 922® would not hold up in court if they actually tested it. This is because it relies on 922(d) which is no longer part of law. A good lawyer could argue that, because it is not part of law, legally it does not exist and cannot be used in court, rendering 922® invalid as it relies on the definition of a "semi-automatic assault weapon" in that section.

 

Also keep in mind that, in order for you to be busted for 922®, your firearm would have to be confiscated and examined by the ATF to the point of disassembly (a cursory check cannot check all components). In this case, you are probably in far more trouble than a simple 922® violation. At the very least, such scrutiny would require a search warrant.

 

So, short answer is this: A 922® violation is not something you will probably ever have to worry about. It would be almost impossible for them to get a warrant to check your gun in the first place, and even harder for the statute to stand up in court. It is mostly just dick-shaking on the part of the ATF. You should comply just to avoid the potential for trouble, but the odds of anything ever coming up are infinitesimal.

Edited by WardenWolf

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I challenge anyone here to provide a case of 922r prosecution.

 

That's all I'm gonna say.

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I challenge anyone here to provide a case of 922r prosecution.

That's all I'm gonna say.

Absolutely none without it being tacked on to a related gun charge, but with my luck, I would be the precedent.

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922[R] is there so that they can get you for SOMETHING, or a little bit more than they had if you piss THEM off!

 

{Just because you are parinoid, that does not mean that they are not really after you!]

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