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Thread: 1989 Assault Rifle Ban Date

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    AGG
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    Default 1989 Assault Rifle Ban Date

    For those inquiring (i.e., HK911, FMP XG3S, etc.), the effective date for the ban was MARCH 14, 1989.

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    I believe it was a 1989 ruling by the ATF after an Executive Order. It is not a law.

    Any of those firearms can be modified, based on state and local laws, once they contain the proper number of U.S. components.

    JPG

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    So, An FMP XG3 3-89 sold originally in 1989 with the pistol grip and standard stock is legal as is? Or not? And is it correct to assume that if it is legal or pre-ban or whatever terminology "de jour" applies, with the standard configuration that it was sold originally with i.e. pistol grip, standard buttstock, no other foreign parts may be put on this gun without 922r compliance? If the last question is a fact then this is beyond asinine because if the gun is acceptable in the "as sold "configuration i.e. pistol grip, standard buttstock, threaded barrel/w flashider, that in fact and per implication makes this a pre non-domestic/pre non-sporting configuration article ERGO, 922r is irrevelant. However, with the application of a foreign part other than what was originally on the weapon the previously 922r compliant article is now in violation??!!! I could potentially accept this rational on a 5-89,G3 but a 3-89 is just that, 3-89. Nothing is marked per deim, totally ludicris!!
    Last edited by U.S. Praetorian; 08-30-2007 at 06:07 PM.

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    Quote Originally Posted by jpgeorge View Post
    I believe it was a 1989 ruling by the ATF after an Executive Order. It is not a law.
    The EO is based on the 1968 GCA which allows them to decide if a imported firearm is sporting or not.

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    AGG
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    Correct on the Bush Executive Order and from whence it was derived.

    Sorry for any confusion on the status of the item, just wanted to give the date for those who had previously inquired.

    Praetorian- your XG3S ("3/89") would have been imported with those "pre-89" features (i.e., legal), just marked "X" when held in Customs to designate "not yet released to public on EO effective date"; however, any modification(s) would (better to err on side of caution) need to comply with 922.

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    Quote Originally Posted by AGG View Post
    For those inquiring (i.e., HK911, FMP XG3S, etc.), the effective date for the ban was MARCH 14, 1989.
    Beware the Ides of March.....


    well almost the Ides ;)

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    Other than one or two adament people who claim the contrary:
    G3S pre-ban configuration
    XG3S post-ban configuration.

    I know the ATF rulings are preposterous. If you own the firearm in a form that was not importable at the time of import, then it is "illegal". It doesn't have to make sense, this is the government we are talking about.

    The consensus is that the ATF wouldn't come looking for you, but if they ever charged you with anything, this charge would be stacked on for good measure.

    What I always say is "If it sounds illegal, it probably IS illegal" I didn't even bother. I purchased U.S. compliance parts and I got a letter from the ATF stating the legality of my adding PSG-1 accessories to my post-ban imported XG3S.

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    My xg3s is also with normal stock and pistol grip. I am to the point of selling it because i can't tell what is US made and what is not. I just got it from a dealer as it is. stock is numbered to the gun so I have to think it is original. I think I am going to put a bid on a HK 91 and try and buy one and sell this xg3s.

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    Quote Originally Posted by AGG View Post
    For those inquiring (i.e., HK911, FMP XG3S, etc.), the effective date for the ban was MARCH 14, 1989.
    This was the date an executive order was implemented. After much research of reading the law prima facia the consensus is that until this EO was signed into law in 1990 all weapons in country could be released as is for public consumption. That is why people are in possession of these and were allowed to buy them in public. Also, if you were in possession of said article the end consumer could personally apply parts to it to return it to original configuration that is why initially Springfield Armory sold SARs with a revision kit. Prior to this importers and dealers reconverted them. It was only after ATF asked them to stop that they did. At this time ALL still had threaded muzzles/pistol grips, etc and after 1990 these could easily be reconfigured because they had already been imported. In late 1990 I purchased a Springfield SAR 4800 (SAR 4800 being post 922 receiver stamping) in just such configuration, the threaded muzzle had a thread protector that screwed on and off, no permanent alterations as seen in ALL IMPORTED weapons post facto,i.e. MAK90s and others. Why was this allowed to be sold in this configuration? All weapons in country were "grandfathered" in because until this became law it was NOT A LAW and at this time there was no 10 foreign parts or less rule. This had to be devised for clarity purposes anything pre-10 parts rule was "grandfathered". Furthermore the current law states that weapons previous to the implimentation of said law are exempt under the subsection where it says that these can be repaired or original parts applied to these particular cases because they were already here. Lastly, the law 922r unlike 922v (AWB), states it is unlawful to MANUFACTURE (importer) a non-sporting type weapon, not to be in possession of one and the statute of limitations on that where a manufacture knowingly superceded 922r and could be prosecuted is five years. "Manufacture" is relavent after this became law. This is legalese and laws are about wording not what you read into it. This is why there is STILL no legal description of what a sporting type weapon is. Many just adhere to the 10 rule part to avoid confusion however legally before this was law is subject to debate in favor of the previous explanation.

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    Quote Originally Posted by U.S. Praetorian View Post
    This was the date an executive order was implemented. After much research of reading the law prima facia the consensus is that until this EO was signed into law in 1990 all weapons in country could be released as is for public consumption. That is why people are in possession of these and were allowed to buy them in public. Also, if you were in possession of said article the end consumer could personally apply parts to it to return it to original configuration that is why initially Springfield Armory sold SARs with a revision kit. Prior to this importers and dealers reconverted them. It was only after ATF asked them to stop that they did. At this time ALL still had threaded muzzles/pistol grips, etc and after 1990 these could easily be reconfigured because they had already been imported. In late 1990 I purchased a Springfield SAR 4800 (SAR 4800 being post 922 receiver stamping) in just such configuration, the threaded muzzle had a thread protector that screwed on and off, no permanent alterations as seen in ALL IMPORTED weapons post facto,i.e. MAK90s and others. Why was this allowed to be sold in this configuration? All weapons in country were "grandfathered" in because until this became law it was NOT A LAW and at this time there was no 10 foreign parts or less rule. This had to be devised for clarity purposes anything pre-10 parts rule was "grandfathered". Furthermore the current law states that weapons previous to the implimentation of said law are exempt under the subsection where it says that these can be repaired or original parts applied to these particular cases because they were already here. Lastly, the law 922r unlike 922v (AWB), states it is unlawful to MANUFACTURE (importer) a non-sporting type weapon, not to be in possession of one and the statute of limitations on that where a manufacture knowingly superceded 922r and could be prosecuted is five years. "Manufacture" is relavent after this became law. This is legalese and laws are about wording not what you read into it. This is why there is STILL no legal description of what a sporting type weapon is. Many just adhere to the 10 rule part to avoid confusion however legally before this was law is subject to debate in favor of the previous explanation.
    so if I added the 91 parts to my 911 in 1991 the five years is obviously over so no problem? bob

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