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Firearms

Portions of Regulations in Part 478 that are no longer effective after 9/13/04

10/15/04

On September 13, 1994, Congress passed the Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322. Title IX, Subtitle A, Section 110105 of this Act generally made it unlawful to manufacture, transfer, and possess semiautomatic assault weapons (SAWs) and to transfer and possess large capacity ammunition feeding devices (LCAFDs). The law also required importers and manufacturers to place certain markings on SAWs and LCAFDs, designating they were for export or law enforcement/government use. Significantly, the law provided that it would expire 10 years from the date of enactment. Accordingly, effective 12:01 am on September 13, 2004, the provisions of the law ceased to apply and the following provisions of the regulations in Part 478 no longer apply:

  • Section 478.11- Definitions of the terms "semiautomatic assault weapon" and "large capacity ammunition feeding device"
  • Section 478.40- Entire section
  • Section 478.40a- Entire section
  • Section 478.57- Paragraphs (b) and (c)
  • Section 478.92- Paragraph (a)(3) – [NOTE: Renumbered from paragraph (a)(2) to paragraph (a)(3) by TD ATF – 461 (66 FR 40596) on August 3, 2001]
  • Section 478.92- Paragraph (c)
  • Section 478.119- Entire section- [NOTE: An import permit is still needed pursuant to the Arms Export Control Act- see 27 CFR 447.41(a)]
  • Section 478.132- Entire section
  • Section 478.153- Entire section

NOTE: The references to "ammunition feeding device" in section 478.116 are not applicable on or after September 13, 2004.

NOTE: The references to "semiautomatic assault weapons" in section 478.171 are not applicable on or after September 13, 2004.


 

 

 

 

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