Good resource for legal information: ATF Letters

nstassel

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The below link is a repository of 90 legal opinion letters by the ATF. hosted by the National Firearm Trade and Collectors Association. Some of them are very interesting to us dealing with preban questions and other issues


What is a permanently attached muzzle device? http://www.titleii.com/bardwell/atf_letter40.txt

Extending a preban magazine to make a larger capacity? http://www.titleii.com/bardwell/atf_letter8.txt

Changing the caliber of a preban magazine? http://www.titleii.com/bardwell/atf_letter85.txt

Changing the preban magazine to fit another weapon? http://www.titleii.com/bardwell/atf_letter88.txt
 
The modification of a large capacity ammunition feeding device, as outlined
in your letter, which was actually made on or before the effective date of
the act, would not be a violation of section 922(w).


So, a "CT registered" 17 round G17/34 magazine can have an extension on it for USPSA Carry Optic division without breaking CT law?

I know - "apples and oranges".
 
Back during the awb ak47s were sold with a weld blob at the base of the muzzle nut by the thousands by Century Arms. Somehow that met atf guidelines. Just suggests that some arbitrary letter doesn't mean it's law


Anyway MA doesn't define "permanently affixed" so .......
 
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The modification of a large capacity ammunition feeding device, as outlined
in your letter, which was actually made on or before the effective date of
the act, would not be a violation of section 922(w).


So, a "CT registered" 17 round G17/34 magazine can have an extension on it for USPSA Carry Optic division without breaking CT law?

I know - "apples and oranges".
Does CT law say it accepts all determination made by the Fed.... I don't think so.
 
The below link is a repository of 90 legal opinion letters by the ATF. hosted by the National Firearm Trade and Collectors Association. Some of them are very interesting to us dealing with preban questions and other issues


What is a permanently attached muzzle device? http://www.titleii.com/bardwell/atf_letter40.txt

Extending a preban magazine to make a larger capacity? http://www.titleii.com/bardwell/atf_letter8.txt

Changing the caliber of a preban magazine? http://www.titleii.com/bardwell/atf_letter85.txt

Changing the preban magazine to fit another weapon? http://www.titleii.com/bardwell/atf_letter88.txt

Notice they specifically mention that cutting a new mag-catch notch in a pre-ban mag, as long as the mag still fits its original weapon, is "OK" to use in a different weapon other then the original design
 
The modification of a large capacity ammunition feeding device, as outlined
in your letter, which was actually made on or before the effective date of
the act, would not be a violation of section 922(w).


So, a "CT registered" 17 round G17/34 magazine can have an extension on it for USPSA Carry Optic division without breaking CT law?

I know - "apples and oranges".
Does CT directly cite the federal AWB like MA does?
 
Does CT directly cite the federal AWB like MA does?
Cite? Or make a copy of?

IIRC, the reason Massachusetts has an AWB was because the old state law was a pointer to the Federal AWB, but back in '98, not even halfway through the term, the Massachusetts legislature saw the looming sunset clause and voted to make their own copy of the law, and he-who-shall-not-be-named signed it into law.

Thus this copy of the Federal law lives on in MA even after the federal law expired in 2004.
 
Cite? Or make a copy of?

IIRC, the reason Massachusetts has an AWB was because the old state law was a pointer to the Federal AWB, but back in '98, not even halfway through the term, the Massachusetts legislature saw the looming sunset clause and voted to make their own copy of the law, and he-who-shall-not-be-named signed it into law.

Thus this copy of the Federal law lives on in MA even after the federal law expired in 2004.
The MA AWB cites the terms as defined in USC as of September 13 1994. MGL does also copy some of the text, but not all of it. It’s mostly just a pointer to federal law at a certain date. So it doesn’t sunset because it will always point to the federal definition as it was in 1994.

“'Assault weapon'', shall have the same meaning as a semiautomatic assault weapon as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994, and shall include, but not be limited to, any of the weapons, or copies or duplicates of the weapons, of any caliber, known as: (i) Avtomat Kalashnikov (AK) (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC–70); (iv) Colt AR–15; (v) Fabrique National FN/FAL, FN/LAR and FNC; (vi) SWD M–10, M–11, M–11/9 and M–12; (vi) Steyr AUG; (vii) INTRATEC TEC–9, TEC–DC9 and TEC–22; and (viii) revolving cylinder shotguns, such as, or similar to, the Street Sweeper and Striker 12; provided, however, that the term assault weapon shall not include: (i)…”

'Large capacity feeding device'', (i) a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells; or (ii) a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(31) as appearing in such section on September 13, 1994. The term ''large capacity feeding device'' shall not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber ammunition.”
 
What is a permanently attached muzzle device? http://www.titleii.com/bardwell/atf_letter40.txt
The problem I have with this particular letter is that it leaves out a pin/weld as being an acceptable permanent attachment method. Yet this is the most common method used and is called out explicitly on page 6 of the ATF National Firearms Act Handbook, ATF E-Publication 5320.8 Revised: April 2009.

Permanent methods of attachment include full-fusion gas or electric steel-seam welding, high-temperature (1100°F) silver soldering, or blind pinning with the pin head welded over.
(Under line in the original.). See https://www.atf.gov/resource-center/docs/atf-p-5320-8pdf-0/download .
 
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