DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS WASHINGTON, DC 20226 MAY 23 1996 E:CE:F:TE:RAT 3311 Dear : This refers to your letter of April 27, 1996, in which you ask several questions regarding the Assault Weapons Ban and making a non-firing CAR-15 rifle. Title 18 U.S.C., Chapter 44, section 922(v) (1) states, it shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon. A semiautomatic assault weapon may be possessed or transferred if such firearm was lawfully possessed prior to September 14, 1995 [sic]. The term semiautomatic assault weapon as defined in Title 18 U.S.C., Chapter 44, section 921(a)(30)(B) means, in part, a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of (i) a folding or telescoping shoulder stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a bayonet mount; (iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and (v) a grenade launcher. A folding shoulder stock which has been secured, by means of a screw, in the extended position, would not be considered a fixed shoulder stock. The shoulder stock would still be "a folding or telescoping shoulder stock" as enumerated above. Therefore, a semiautomatic rifle assembled using a folding shoulder stock and having a pistol grip would be a semiautomatic assault weapon. - 2- Mr. We cannot provide a determination regarding the use of a folding thumbhole stock, in that, we have not examined such an item. If you can provide us with such a sample we could then provide an appropriate determination. As defined in Title 18 United States Code (U.S.C.), Chapter 44, section 921(a)(3), the term "firearm" is defined, in part, as (A) any weapon (including a starter gun) which will or is designed to or may be readily converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon. Title 26 United States Code (U.S.C.), Chapter 53, section 5845(b) defines a "machinegun" in part as, any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically, more than one shot, without manual reloading, by a single function of the trigger. The frame or receiver of any such weapon is also a machinegun as defined. Additionally, 26 U.S.C., section 5845(h) defines the term, "unserviceable firearm" as a firearm which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition. It is not lawful for an individual to possess a serviceable or unserviceable machinegun which is not registered in accordance with the provisions of 26 U.S.C. Chapter 53. A solid cast receiver, provided no opening is made in the receiver to accommodate the fire control components, may be used in making a non-firing or dummy CAR-15 rifle. A replica CAR-15, as described, would not be a firearm or machinegun as previously defined. Please understand that any changes made in the suggested method of assembling the replica receiver could affect the classification of this item. - 3- Mr. We regret that our response could not be more favorable at this time. If we may be of further assistance, please contact us. Sincerely yours, [signed] Edward M. Owen, Jr. Chief, Firearms Technology Branch