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GBB M4's Confiscated and Destroyed


Kalmar

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The ATF ignores any precedent it might possibly set.

 

Simply from following various threads on the Benelli M4 Super 90, there are people who have gotten letters from the ATF stating that their weapons are considered to be American-made and can be modified at will and others who have gotten letters from the ATF stating that they are 922® compliant but that modifying them at all will violate 922®. Any other agency would have to come up with something set in stone that applies to everyone and every item fitting a certain description. Needless to say, the ATF is nothing if not inconsistent in its application and enforcement of the law.

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The ATF ignores any precedent it might possibly set.

 

Simply from following various threads on the Benelli M4 Super 90, there are people who have gotten letters from the ATF stating that their weapons are considered to be American-made and can be modified at will and others who have gotten letters from the ATF stating that they are 922® compliant but that modifying them at all will violate 922®. Any other agency would have to come up with something set in stone that applies to everyone and every item fitting a certain description. Needless to say, the ATF is nothing if not inconsistent in its application and enforcement of the law.

 

At this point they aren't even enforcing laws, they are just going with pretty much whatever they please, like your example and the others in the thread, it's just ludicrous. They desperately need some type of legislation. Also, as a fun note, according to CBP guidelines, airsoft guns don't even require the orange tip apparently, as they are classified as BB guns under their rules. (Credit for this goes to Renli3d over at ASR for digging this up)

 

9304.00 Other arms (for example, spring, air or gas guns and

pistols, truncheons), excluding those of heading 9307:

Pistols, rifles and other guns which eject missiles by

release of compressed air or gas, or by the release of

a spring mechanism or rubber held under tension:

 

Here is an excerpt from CBP's Import FAQ:

 

Make sure the vendor clearly states it is an air soft, paintball, etc. gun. on the shipping documents to avoid confusion over whether or not an ATF import permit is required from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

 

Customs and Border Protection does not consider paintball and similar guns to be toys, and duty rates for these guns are provided for in Chapter 93 in the Harmonized Tariff Schedule.

 

Air soft, paintball, bb guns, and other guns that use a gas or air pellet or mechanical spring action to fire a projectile are not subject to Department of Commerce regulations for toy or imitation firearms that require bright orange plugs or other markers to be affixed to the end of the barrel (15 CFR 1150).

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At this point they aren't even enforcing laws, they are just going with pretty much whatever they please, like your example and the others in the thread, it's just ludicrous. They desperately need some type of legislation. Also, as a fun note, according to CBP guidelines, airsoft guns don't even require the orange tip apparently, as they are classified as BB guns under their rules. (Credit for this goes to Renli3d over at ASR for digging this up)

 

Interesting. I guess that leaves us just three possibilities... either these are just toys, and the ATF screwed up, or they are airsoft guns, both Customs and ATF screwed up - or they really are machineguns... and ATF screwed up.

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