Posted: 8/15/2002 10:21:44 AM EDT
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I tried to post this question on the FAL FILES site but can't seem to log on. I ordered a G-1 kit from Tapco earlier this week with 8 US parts with the thought of building a FAL or having someone else build it for me. I have heard that due to a new ATF ruling the G-1 kits recently imported were for spare parts only and can't be used to build a rifle. Anyone know the facts? |
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This is a very good question for the Legal Section! The reason TAPCO says their kits are for "spare parts only" is to avoid running afoul of Section 922(r) of Title 18 of the US Code, which says in part: [b]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...[/b] 925(d) as presently applied basically gives the federal government blanket authority to deny importation of any firearm that it deems not suitable for sporting purposes. As the BATF has implemented 922(r), whether or not a parts kit can be mated with a receiver and built up into a firearm legally comes down to how many imported parts it contains. Somewhere there's a bizarre list of what constitutes a part for reason of that count. On edit: Since you have the kit with US-made parts to substitute for the imported ones, you can build a G-1 or whatever other FAL variant in compliance with 922(r). That's my personal, non-professional opinion. 922(r) and the regulations that implement it are a great example of governmental weirdness. If you get caught simply slapping a TAPCO parts kit onto an Imbel receiver without substituting the required number of US-made parts, TAPCO will point to the disclaimer so as to distance itself from your conspiracy to violate 922(r). |
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ATF isn't approving import permits for parts unless they're specifically listed by the importer as being imported and sold for spare parts only. That prevents the importer from using those parts to assemble into a complete firearms, even if they otherwise comply with 922(r) and 922(v), since they signed a statement that they wouldn't. Once you, as the consumer, buy the parts from them, you're free to use them for any legal purpose. |