Trying to understand 922R compliance of imported long guns.

[Slackdaddy]

Figured this need it's own thread.
Trying to figure out what/how I can legally alter on my Beretta CX4 9mm PCC,
I am well aware many hold the view of "do what you want, screw the feds",, I am not interested in those responses, I am looking for advice and knowledge on the existing law(s).

Anyhow, I own a Beretta CX4 that is manufactures in Italy. Apparently a semi auto, center fire rifle and shotgun can only be imported if it is "generally recognized as particularly suitable for or readily adaptable to sporting purposes"
And from reading, it can not be altered from it's "Sporting configuration" unless it is 922R compliant. (replace x amount of foreign parts with US made parts.)

I am guessing it is imported under 18 U.S. Code 925(d)(3):

(d) The Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if the firearm or ammunition–
(1) is being imported or brought in for scientific or research purposes, or is for use in connection with competition or training pursuant to chapter 751 of title 10;
(2) is an unserviceable firearm, other than a machinegun as defined in section 5845(b) of the Internal Revenue Code of 1986 (not readily restorable to firing condition), imported or brought in as a curio or museum piece;
(3) is of a type that does not fall within the definition of a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986 and is generally recognized as particularly suitable for or readily adaptable to sporting purposes, excluding surplus military firearms, except 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; or

which references section 5845(a) of the Internal Revenue Code of 1986:

5845. Definitions​

For the purpose of this chapter—

(a) Firearm​

The term "firearm" means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. The term "firearm" shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.


Then we have Title 18 of the US Code, Chapter 44 Section 922, Subsection r.
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…

And lastly,, I see much reference on line to the list of 20 parts in 27 CFR 478.39 and making it 922r compliant.
But I am failing to make a legal connection between 922r and 27 CFR 478.39


Questions:
Where is the definition of "Sporting purposes" in any of these laws/regulations?
These rifles were imported configured without certain evil features such as mag capacity,, The CX4 takes Beretta 92 mags,, and came was imported with 10 rnd mags, if i slip a 20 rnd mag in it, it is now out of imported configuration,,
Where is the list of "evil features" that can not be added to these imported "sporting rifles"
How is 27 CFR 478.39 legally a reference to 922r compliance?

what is the best means of communication with the ATF to have these questions answered?

​

 

[mac1_131]

If you change the configuration, then it has to comply with 922r. I don't think detachable magazines count.

You can change it from the imported configuration, but then the USA made parts count has to comply with 922r.

IANAL

 

[Saberwalk]

Good explanation here: https://gununiversity.com/922r-compliance/. 478.39(a) by its own language references you back to 925(d)(3), which as you note is also referenced by 922(r). Again, note that the prohibition under 922(r) refers to "assemble from imported parts."

 

[Slackdaddy]

Good explanation here: https://gununiversity.com/922r-compliance/. 478.39(a) by its own language references you back to 925(d)(3), which as you note is also referenced by 922(r). Again, note that the prohibition under 922(r) refers to "assemble from imported parts."

OK,, thanks,, I was trying to "Forward" reference,, so basically it "Backwards" references.

 

[Slackdaddy]

If you change the configuration, then it has to comply with 922r. I don't think detachable magazines count.

You can change it from the imported configuration, but then the USA made parts count has to comply with 922r.

IANAL

I did see mention that in order for a company to import a center fire semi auto,, it has to be max 10 rnd (amongst other features). And I did see that the mag body, base plate, and follower are items on the list of 20 that can be changed to USA made,, and a stern warning that if you are relying on the 3 mag components as items you changed over to USA made,,, Then someone slaps a original (foreign) mag in, then all of a sudden you are in violation of 922r (10 years/10K).
So I guess my next question is,, what constitutes "Changing configuration?
Adding a light?
Adding a 3" rail on the bottom and adding a light?
Threading the barrel?
Cutting the webbing between the pistol grip and the buttstock ?

Is there a list somewhere of "Sporting configuration?

 

[Bob A]

By the time any of this is investigated by your prosecutors and the 922r Enforcement Team, they will already have enough charges against you to lock you up for the rest of your life.

Probably only matters if they want to imprison you on a federal beef; if that's the case, you have much bigger problems to face.

I'd be interested in knowing how many prosecutions have been brought and/or succeeded under this title, and the circumstances surrounding. I have no idea how to find out.

Edit: I found some. There were 2 prosecutions in 2014, and 2 in 2017. Unclear whether there are any more. (You'll have to scroll down).

Link:

Federal Weapons Prosecutions Rise for Third Consecutive Year

 

[Bountied]

If you change the configuration, then it has to comply with 922r. I don't think detachable magazines count.

You can change it from the imported configuration, but then the USA made parts count has to comply with 922r.

IANAL

This is the way.

 

[Growler215]

I did see mention that in order for a company to import a center fire semi auto,, it has to be max 10 rnd (amongst other features). And I did see that the mag body, base plate, and follower are items on the list of 20 that can be changed to USA made,, and a stern warning that if you are relying on the 3 mag components as items you changed over to USA made,,, Then someone slaps a original (foreign) mag in, then all of a sudden you are in violation of 922r (10 years/10K).
So I guess my next question is,, what constitutes "Changing configuration?
Adding a light?
Adding a 3" rail on the bottom and adding a light?
Threading the barrel?
Cutting the webbing between the pistol grip and the buttstock ?

Is there a list somewhere of "Sporting configuration?

Per the ATF:

Features which are not recognized as sporting include, but are not limited to, folding or telescoping stocks, pistol grips that protrude conspicuously beneath the action of the weapon, a bayonet or bayonet mount, a flash suppressor or threaded barrel designed to accommodate a flash suppressor, a grenade launcher and night sights.

I'm guessing they would say that any change which adds one of those features means you have to comply with 922r.

 

[Bountied]

I did see mention that in order for a company to import a center fire semi auto,, it has to be max 10 rnd (amongst other features). And I did see that the mag body, base plate, and follower are items on the list of 20 that can be changed to USA made,, and a stern warning that if you are relying on the 3 mag components as items you changed over to USA made,,, Then someone slaps a original (foreign) mag in, then all of a sudden you are in violation of 922r (10 years/10K).
So I guess my next question is,, what constitutes "Changing configuration?
Adding a light?
Adding a 3" rail on the bottom and adding a light?
Threading the barrel?
Cutting the webbing between the pistol grip and the buttstock ?

Is there a list somewhere of "Sporting configuration?

For my Norinco MAC 90 I wanted a threaded muzzle and no thumbhole stock as it was imported as a sporter. There are more than enough American made parts to meet 922r easily.

 

[Bountied]

Per the ATF:

Features which are not recognized as sporting include, but are not limited to, folding or telescoping stocks, pistol grips that protrude conspicuously beneath the action of the weapon, a bayonet or bayonet mount, a flash suppressor or threaded barrel designed to accommodate a flash suppressor, a grenade launcher and night sights.

I'm guessing they would say that any change which adds one of those features means you have to comply with 922r.

Yes.

 

[Slackdaddy]

Thanks for everyone's reply's,,
May be a mute point,, SierraPapa has not returned emails or phone calls in a week,, and now mailbox is full,, they are the only manufacture of the USA parts I need.
I was ready to drop my trigger housing in the mail to them,, but not until I talk to a live person.