adding a folding stock to Mini 30 legal?
Copied from another site, this implies, through omission/mistake, that congress has pardoned the Ruger Mini 30 to have any and all of the banned goodies... The totality of the following is copied,
Landis.
"
[Crime Bill, effective 9/14/94]
TITLE XI-FIREARMS
Subtitle A-Assault Weapons
SEC. 110101. SHORT TITLE.
This subtitle may be cited as the "Public Safety and Recreational
Firearms Use Protection Act".
SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION
OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
(a) RESTRICTION.-Section 922 of title 18, United States Code, is
amended by adding at the end the following new subsection:
"(v)(1) It shall be unlawful for a person to manufacture,
transfer, or possess a semiautomatic assault weapon.
"(2) Paragraph (1) shall not apply to the possession or transfer
of any semiautomatic assault weapon otherwise lawfully possessed
under Federal law on the date of the enactment of this subsection.
"(3) Paragraph (1) shall not apply to-
"(A) any of the firearms, or replicas or duplicates of the
firearms, specified in Appendix A to this section, as such firearms
were manufactured on October 1, 1993;
[...]
Note that the under "(3)" the ban on manfacture of "... a semiautomatic
assault weapon" DOES NOT apply to firearms listed in Appendix A....
Now, if we check at "Appendix A" we find:
SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States Code, is amended by adding
at the end the following appendix:
"APPENDIX A
CENTERFIRE RIFLES-AUTOLOADERS
Browning BAR Mark II Safari Semi-Auto Rifle
Browning BAR Mark II Safari Magnum Rifle
Browning High-Power Rifle
Heckler & Koch Model 300 Rifle
Iver Johnson M-1 Carbine
Iver Johnson 50th Anniversary M-1 Carbine
Marlin Model 9 Camp Carbine
Marlin Model 45 Carbine
Remington Nylon 66 Auto-Loading Rifle
Remington Model 7400 Auto Rifle
Remington Model 7400 Rifle
Remington Model 7400 Special Purpose Auto Rifle
Ruger Mini-14 Autoloading Rifle (w/o folding stock)
Ruger Mini Thirty Rifle
^^^^^^^^^^^^^^^^^^^^^^^
Therefore, it _IS_ legal to mount a folding stock on your Ruger Mini-30
rifle.
I believe BATF has verified this to be the case and you can undoubtedly
write a letter to BATF to confirm this."
Landis.
"
[Crime Bill, effective 9/14/94]
TITLE XI-FIREARMS
Subtitle A-Assault Weapons
SEC. 110101. SHORT TITLE.
This subtitle may be cited as the "Public Safety and Recreational
Firearms Use Protection Act".
SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION
OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
(a) RESTRICTION.-Section 922 of title 18, United States Code, is
amended by adding at the end the following new subsection:
"(v)(1) It shall be unlawful for a person to manufacture,
transfer, or possess a semiautomatic assault weapon.
"(2) Paragraph (1) shall not apply to the possession or transfer
of any semiautomatic assault weapon otherwise lawfully possessed
under Federal law on the date of the enactment of this subsection.
"(3) Paragraph (1) shall not apply to-
"(A) any of the firearms, or replicas or duplicates of the
firearms, specified in Appendix A to this section, as such firearms
were manufactured on October 1, 1993;
[...]
Note that the under "(3)" the ban on manfacture of "... a semiautomatic
assault weapon" DOES NOT apply to firearms listed in Appendix A....
Now, if we check at "Appendix A" we find:
SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States Code, is amended by adding
at the end the following appendix:
"APPENDIX A
CENTERFIRE RIFLES-AUTOLOADERS
Browning BAR Mark II Safari Semi-Auto Rifle
Browning BAR Mark II Safari Magnum Rifle
Browning High-Power Rifle
Heckler & Koch Model 300 Rifle
Iver Johnson M-1 Carbine
Iver Johnson 50th Anniversary M-1 Carbine
Marlin Model 9 Camp Carbine
Marlin Model 45 Carbine
Remington Nylon 66 Auto-Loading Rifle
Remington Model 7400 Auto Rifle
Remington Model 7400 Rifle
Remington Model 7400 Special Purpose Auto Rifle
Ruger Mini-14 Autoloading Rifle (w/o folding stock)
Ruger Mini Thirty Rifle
^^^^^^^^^^^^^^^^^^^^^^^
Therefore, it _IS_ legal to mount a folding stock on your Ruger Mini-30
rifle.
I believe BATF has verified this to be the case and you can undoubtedly
write a letter to BATF to confirm this."
0
-
Another post goes on to state,,,
"In article <41sm1a$skt@xring.cs.umd.edu>, home@stars.gsfc.nasa.gov (Allen Home) writes:
#In article <41qrrv$qot@xring.cs.umd.edu>, stora@oak.circa.ufl.edu writes...
##
##The crime bill completely excludes the mini-30, while it only excludes the
##mini-14 and Ruger 10/22 (without folding stock).
##
##Read it for your self. Sure it is a mistake . . . but so is most of the bill
## . . . and it _is_ the _law_!
##
##Mike
#
#I think this is wishful thinking. If you put a folding stock with pistol
#grip on mini-30 ( which accepts a detachable mag) then you are in violation
#of the 1994 crime bill under the general ban by having '2 evil features '
#defining an "assault weapon" under this law ...what ever that is.
#
#The only way you can put a folding stock on a mini-30 legally is to replace
#a broken folding stock which was previously fitted before the Sept 13,1994
#(crime bill signing) ...therefore it is a grandfathered assault weapon,
#or on a mini-30 GB model which is also a grandfathered assault weapon,
#e.g. has a flash hider and bayonet lug GB ...government barrel.
#
#....ah
This is not wishful thinking . . . this fact comes straight from NRA's Jim
Warner. The mini-30 gaff is one of the points in their ewual protection
lawsuit. Any gun on the exempt list is exempt from the bill even if it has the
"2 evil features". The mini-14 and 10/22 are different because they have
a specific "without folding stock" written after them on the exclusion list.
I refer you to Jim Warner's interview in a recent S. of F. magazine."
--So what do any of you all think of this? Can I put a folding stock on my newer Mini-30? What would happen if I did and was questioned about it by a LEO? What do you LEO's out there think??
Thanks in advance,0 -
But why would you want to, unless you are a member of the A-Team?[:o)][:D][:X]
Boomer
"Success is to be measured not so much by the position that one has reached in life as it is by the obstacles which one has overcome while trying to succeed."NRA Life Member0 -
I think those were Mini 14's, but I know your point. Accuracy isn't any Mini's strong point, but they are great flamethrowers.
I am just curious about the possible legal loophole...0 -
The Mini 14 and Mini 30 were not considered assult weapons. To put assult weapon stuff on now would be illegale. Then again there is no way to prove that it was not there prior to the inactment of the law. The serial number of the Mini 14 or Mini 30 will tell if it was mfg before or after the ban. There is no way to tell if the evil pieces were on it when the law went into affect. You figure it out. My 2 cents [8D]
Greg0 -
landis,
Very interesting post. Although some call a situation a "loophole" I like to think more of "creative engineering". I own a Carbon 15 that uses the 50 oz rule to it's advantage, also Sub 2000 that doesn't have a folding stock - the barrel is hinged! The best and most accurate weapons of their type - heck no, but I love the thinking behind them. The reason your post is interesting is that I have both a mini 14 and a AC 556. You can bet I'll be asking the BATF for a opinion on this. I would love to have a folder.
cbxjeffIt's too late for me, save yourself.0 -
Gap hit the nail on the head. All the list indicates is that those firearms are not to be considered assault weapons as the came from the factory. As soon as you begin modifying them beyond their original configuration you run up against the 1994 Crime Bill. The standard issue Mini-30 or Mini-14 rifles are not considerd assault weapons as they left the Ruger factory, however a factory folding Ruger Mini-14 is an assault weapon. Ruger discontinued sales of folding stock Mini's in 1989 and since no folding stock Mini-30's were marketed, there was no reason to add that little footnote for the Mini-30- that version simply did not exist for the Mini-30. The Mini-30 is not exempt the way that you seem to think it is because it lacks the notation of a folding stock like that of the Mini-14. There were simply no pre-ban Mini-30's ever built so there was no need to mention the folding stock issue on that rifle.
Mark T. Christian0 -
What is interesting is that by a potential unintentional typo ommision, it can be read that the Mini 30, but not the Mini 14, is pardoned from any of the above restrictions included in the assault weapons law. The issue is the omission of the "W/O folding stock" notation at the end of the Mini-14 exemption. Without that notation, there can be arguement that the Mini-30 is TOTALLY exempt, including the folding stock ADDITION. I am no lawyer, but laws in this country are generally interpreted as "Restrictive" instead of "Permissive". The former is more free since it only tells you what you cannot do, while the latter only tells you what you can do (fewer options). The burden is on the government to clearly spell out its laws, and and if the laws are only restrictive in scope, then the ommision of the Mini-30 is a clear pardon for that firearm to be configured outside the stated restrictions. Just my humble opinion.
Landis0 -
Thanks Mark, interesting.
Clearly this law is ambigious as well as just bad.
Thanks.0 -
There were some pre ban Mini-30's made, many in fact, but none with the folding stock. Does that mean that the restrictions are just on the manufacturer's of these products?
Interesting conversation.0 -
Landis, it all boils down to this: Two models of Ruger Mini-14's left the Ruger factory before 1989- one had a standard stock and one was a folder. The standard stocked model was exempted while the folder was not. The Mini-30 was only offered for sale with a standard stock so there was no need to point this out in the regulation as there was only one model on the market. That is the entire reason that the regulation was written as you see it today- it was not an oversight by the folks who made up the list, there simply were no Mini-30 folders to be mentioned.
Mark T. Christian0 -
Mark,
You clearly know your laws.
I must play devils advocate though, there have been aftermarket stocks manufactured that fit the '30 for much longer than the Mini-30 has been in production, via the Mini-14. They still are on the market. There is not, that I know of, a reference to aftermarket addons, other than the notion to "manufacturing" outside the company that made the reciever. It isn't as clear as you imply. I would think that the sale of any folding stock, other than replacement of a broken one, is illegal under your interpretation.0
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