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04-28-2021, 10:29 PM | #1 |
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Semi auto open bolt .22lr rifle legality?
Legal questions:
1) are US citizens allowed to own / transfer semiautomatic open bolt .22 sporting rifles, typically produced before 1982? I doubt anybody makes modern guns like that. Examples: Voere 2005, Gevarm E-1, Marlin 50, BSA Ralock. Perhaps others? ( I would like to know that to) 2) if they are NFA items, are they grandfathered in due to the manufacture date? 3) can one import such a gun from let,s say Canada or UK? Or they are banned from the importation for a mere fact of being open bolt guns? Thank you. |
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04-28-2021, 10:49 PM | #2 |
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Perfectly legal to own, and not NFA. As for importing? No idea.
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04-28-2021, 11:38 PM | #3 |
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You are asking a very tricky question. I have not read or heard anything regarding older open bolt .22 firearms specifically. If ATF has published an opinion on a specific firearm coming under the NFA, then yes. Very muddy waters. For example, early MAC 10 open bolt semi auto pistols were widely sold through out the US. ATF determined open bolt semi autos could no longer be manufactured as they were easily converted to fully automatic. But ATF grandfathered the previously manufactured open bolt MAC 10's as non NFA. Years later the Court ruled ATF did not have the authority to grandfather early MAC 10's and they were subject to the NFA. More legal wrestling continued and I am not sure today if open bolt MAC 10's fall under the NFA or not. So would open bolt .22 firearms come under the NFA like the MAC 10 senario? I don't know. Unless someone was prosecuted for violations of the NFA with an open bolt .22 firearm, we may never know. You can ask ATF directly online. But, there are a lot of moving parts to your question and even if you get a straight answer from ATF, opinions vary from Agent to Agent and the Courts sometimes over rule ATF. That is the state of our firearm laws in the US, overly complicated and burdensome. Some NFA legal questions are simple to answer, yours is not IMHO. In my opinion an average Joe with one of those .22 open bolt rifles who did not mess with it, would never have a problem. Unless of course they drew the attention of law enforcement for some reason. Most all Law Enforcement would stop at, "is it full auto or not?". ATF agents would defer to their NFA branch if it became an issue. Clear as mud? Right? Doubt you will ever get a true answer, but maybe there was a past case or ruling or opinion. Good luck.
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04-28-2021, 11:48 PM | #4 |
Lifer X5
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one trigger pull, one shot, semi-auto, legal..................
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04-29-2021, 12:44 AM | #5 |
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I think the only place that knows would be the ATF and even then you will probably get conflicting answers.
Good Luck Vitaly
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04-29-2021, 12:10 PM | #6 |
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Pre-1981 open bolt semis are perfectly legal. There’s a reason things like the pre-‘81 OB semi MAC 10s command a premium over CB semi MAC10s. ATF halted the import and manufacture in 1981 because of the relative ease to convert them to full-auto. The same for the pre-81 DIAS’ - which is what Mark’s post references. Because they have no use other than as a machine gun conversion device they declared NFA regardless of date of manufacture and thus overruled ATF’s pre-81 declaration. Open bolt semis were caught up in ATF’s pre-81 DIAS ruling. Unlike a DIAS, they have a legitimate purpose in that they were not designed to be a machine gun/conversion device.
. Too
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John 8:32 reive (riːv) vb (Military) (intr) dialect Scot and Northern English to go on a plundering raid [variant of reave] ˈreiver n e.g., " Some view the Border Reivers as loveable rogues." |
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04-29-2021, 01:02 PM | #7 | |
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Quote:
I'm pretty sure I would have no problem to buy and transfer a Gevarm from a US seller[ if i could find one]- which is the matter of grandfathered ,therefore non NFA weapons. But I'm still waiting to get some answers from some outside specialists regarding the new importation of the pre-82 open bolt semi auto sport rifle. I wish somebody had an experience of having done exactly that... In the worst case scenario, I simply will patiently wait, perhaps one will come alone eventually here in the US. As a luger being a dream pistol, this - is a dream rifle for me. I'm just sucker for mechanics and this rifle seems to me the top of simplicity: as far as I know- No extractor or ejector, fixed vertical ridge across the bolt face that serves as 2 firing pins. Very well made small/narrow opening in the receiver optimal for feeding rounds and cleanly blowing out the shells- because there are no places for them to get caught for either action. Additionally, adjustable weight of the bolt allowing weaker rounds to cycle reliably... It's a shame that such a simple weapon was forbidden and replaced by much more complicated thus less reliable options. |
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04-29-2021, 01:24 PM | #8 |
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Vitaly, file a Form 6 to import one. Worst they can do is deny it. Likewise, reach out to Simpson, Ltd. They import stuff right and left and could likely tell you what you need to know about importing the rifle. Good luck, and keep us informed.
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John 8:32 reive (riːv) vb (Military) (intr) dialect Scot and Northern English to go on a plundering raid [variant of reave] ˈreiver n e.g., " Some view the Border Reivers as loveable rogues." |
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04-29-2021, 02:02 PM | #9 | |
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Well- can't have it!!!
Quote:
Went ahead and called Simpson LTD- was informed that the owner is aware of the rifle and it's not importable... Bummer! Thanks everybody. Please keep an eye for a Gevarm for me here in the US. |
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