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The Range
Law & Order
Talk To Me About 922r Compliance
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<blockquote data-quote="henschman" data-source="post: 2870520" data-attributes="member: 4235"><p>922r is very rarely proseuted. The few times it has been, it is a charge that is tacked onto a lager case for more blatant violations like possession of unregistered machine guns, etc. The reason it isn't prosecuted much is that it is very hard to prove a case under 922r... it is nearly unenforceable in most cases. It is very hard to prove the country of origin of many parts. Foreign parts can simply be stamped "US" or refinished and no one could tell the difference. Also as was mentioned, 922r doesn't prohibit the possession of a noncompliant gun... it prohibits the manufacture of one. As always in a criminal prosecution, the gov't has the burden of proof... so not only would they have to prove beyond a reasonable doubt the country of origin of a sufficient number of the parts, but also that the accused is the one who manufactured it in that configuration. </p><p></p><p>Now the ATF has claimed that changing out an original low capacity magazine for a standard capacity one on a foreign rifle constitutes "maufacturing" a gun. A court has never ruled on this, and it's not the sort of thing the DOJ likes to litigate... they prefer to allow the ATF to cow everyone into submission by threatening prosecution according to their interpretation of the law, and are rarely challenged on it due to the excessively high penalties and mandatory minimums the laws carry. The DOJ chooses how they prosecute cases carefully so as to avoid exposing these more tenuous agency interpretations to judicial review as much as possible, and the vast majority of their cases result in a guilty plea... so these issues almost never make it in front of a judge. </p><p></p><p>In any case, it so unlikely that a federal agent would ever have legal justification to inspect one of your guns and have the expertise to analyze the parts for country of origin that the law should not cause much if any anxiety among the shooting public. Basically you won't be scrutinized under it unless you are committing other, more blatant violations of federal law to attract attention to you and your guns.</p></blockquote><p></p>
[QUOTE="henschman, post: 2870520, member: 4235"] 922r is very rarely proseuted. The few times it has been, it is a charge that is tacked onto a lager case for more blatant violations like possession of unregistered machine guns, etc. The reason it isn't prosecuted much is that it is very hard to prove a case under 922r... it is nearly unenforceable in most cases. It is very hard to prove the country of origin of many parts. Foreign parts can simply be stamped "US" or refinished and no one could tell the difference. Also as was mentioned, 922r doesn't prohibit the possession of a noncompliant gun... it prohibits the manufacture of one. As always in a criminal prosecution, the gov't has the burden of proof... so not only would they have to prove beyond a reasonable doubt the country of origin of a sufficient number of the parts, but also that the accused is the one who manufactured it in that configuration. Now the ATF has claimed that changing out an original low capacity magazine for a standard capacity one on a foreign rifle constitutes "maufacturing" a gun. A court has never ruled on this, and it's not the sort of thing the DOJ likes to litigate... they prefer to allow the ATF to cow everyone into submission by threatening prosecution according to their interpretation of the law, and are rarely challenged on it due to the excessively high penalties and mandatory minimums the laws carry. The DOJ chooses how they prosecute cases carefully so as to avoid exposing these more tenuous agency interpretations to judicial review as much as possible, and the vast majority of their cases result in a guilty plea... so these issues almost never make it in front of a judge. In any case, it so unlikely that a federal agent would ever have legal justification to inspect one of your guns and have the expertise to analyze the parts for country of origin that the law should not cause much if any anxiety among the shooting public. Basically you won't be scrutinized under it unless you are committing other, more blatant violations of federal law to attract attention to you and your guns. [/QUOTE]
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