Bureau of Alcohol, Tobacco and Firearms
Technology Branch
Washington DC 20226


May 19, 1996

To whom it may concern:

     On February 28, 1996 I submitted the below letter to your
office.  As of this date I have not received any response, so I
am submitting it again.

     I had some questions regarding the application of the
Violent Crime Control and Law Enforcement Act of 1994.

1.   Would a semi-automatic rifle, capable of accepting a
detachable magazine, be considered a semi-automatic assault
weapon if it had both a pistol grip and a threaded muzzle with a
muzzle brake or similar device, but not a flash hider,
permanently attached (by welding or silver soldering) to the
threads?   This firearm would not have a bayonet mount, folding
or collapsing stock, or grenade launcher features.

2.   Can a FFL dealer procure a semi-automatic assault rifle,
made after the enactment of the Violent Crime Control and Law
Enforcement Act of 1994, for a non-law enforcement customer who
wishes to remove all parts from the gun, except the receiver
(which would be retained by the dealer), for use as spare parts
for a semiautomatic assault weapon made before the Act took
effect?

3.   Could that dealer then sell the stripped receiver created in
number 2, above, to a second customer, who is also not a law
enforcement officer or entity, for use as a spare part, or for
building up a rifle that is not covered by the Violent Crime
Control and Law Enforcement Act of 1994?

4.   Could a FFL dealer acquire a semi-automatic assault weapon,
made after the enactment of the Violent Crime Control and Law
Enforcement Act of 1994, and remove from it the features that put
it within the Act, and then sell it to a non-law enforcement
customer?   For example, could a dealer acquire a Colt AR-15 type
semi-automatic assault rifle, replace the collapsing stock with a
fixed one, remove the bayonet mount and threaded muzzle, and then
sell it as an ordinary  rifle without violating the Act?  

     Your assistance with these queries would be appreciated.

Sincerely,



                    DEPARTMENT OF THE TREASURY
             BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
                       WASHINGTON, DC 20226


                           JUL 11 1996
                                             E:CE:F:TE:RDC
                                             3311


Name
Address


Dear:

This refers to your letter of May 19, 1996 in which you ask
numerous questions regarding The Violent Crime Control and Law
Enforcement Act of 1994 (18 U.S.C., Chapter 44, as amended by
Public Law 103-322).

A semiautomatic rifle capable of accepting a detachable magazine
and having a threaded barrel designed to accommodate a flash
suppressor would be an assault weapon as defined in the above
statute.  A rifle would not be considered to have a threaded
barrel if threads were covered by a muzzle brake which was
permanently attached to the barrel by welding or high temperature
(1,100 degrees Fahrenheit) silver solder.   The muzzle brake must
not additionally function as a flash hider or grenade launcher.

18 U.S.C. section 922(v) prohibits the manufacture, transfer, and
possession of semiautomatic assault weapons.   The term
"semiautomatic assault weapon" is defined to include 19 named
models of firearms as well as semiautomatic rifles with the
ability to accept a detachable magazine and having at least two
of the features specified in the law.  Exceptions from the
prohibitions of the law are provided for weapons lawfully
possessed under Federal law on the date of enactment (September
13, 1994) and weapons manufactured for sale to government
entities and law enforcement officers employed by such entities
for official use.

The regulations implementing the law require manufacturers and
dealers who transfer assault weapons to dealers who transfer
assault weapons to dealers [sic] for resale to obtain evidence
that the weapons will be disposed of in accordance with the law. 
For example, such evidence may consist of a contract between the
manufacturer and the dealer stating that sales will be made to
government agencies and law enforcement officers employed by such
agencies or a letter from a dealer to a manufacturer stating that
the dealer will only dispose of the weapons to such purchasers.  
The regulations require that such evidence be retained in
licensees' permanent records.

A transfer of semiautomatic assault rifles manufactured after
September 13, 1994, would be unlawful unless the transfer was for
one of the exempt purposes specified in the law.  A dealer who
acquired such weapons for purposes of disassembly and sale of the
parts would violate the law.  Since the dealer's possession of
the weapons would not be for one of the exempt purposes in the
law, the dealer's possession would be unlawful.

Enclosed for your information is a pamphlet entitled
"SEMIAUTOMATIC ASSAULT WEAPONS and LARGE CAPACITY AMMUNITION
FEEDING DEVICES."

We trust the foregoing has been responsive to you inquiry.  If we
may be of further assistance, please contact us.

                         Sincerely yours,

                             [signed]
                       Edward M. Owen, Jr.
                Chief, Firearms Technology Branch