From firearms-alert-owner Mon Nov 13 01:07:46 1995
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Date: Mon, 13 Nov 1995 01:05:25 -0800
From: Jeff Chan <chan>
Message-Id: <199511130905.BAA20704@jobe.shell.portal.com>
To: firearms-alert
Subject: FEDERAL: BATF to allow pre-ban magazine imports
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Reply-To: Jeff Chan <chan>
Followup-To: firearms-politics@cup.hp.com
Status: RO

[I have not personally checked this, but these sources should 
be good.  You can get to James Bardwell's letters as:

  http://www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/index.html#magcase

Jeff C.]
__

From: Lawrence.V.Cipriani@att.com
To: chan@shell.portal.com
Date: Thu, 09 Nov 95 15:59:13 EST
Subject: is this ok for alerts ?

Subject: pre-ban high capacity mag imports will be allowed

>From James O. Bardwell (bardwell@netcom.com):

I just got an extremely cool call from a lady at ATF Import
Branch.   She told me that they have decided to comply with the
law regarding the import of 10+ mags and feed devices, and ALLOW
the import of such items if they were made before 9/14/94, which
is the cutoff in the law.  If an item was made before that date,
the date of the enactment of the Crime Bill, it is not a large
capacity ammunition feed device, which is the banned item.  It
doesn't matter how many rounds it holds, or where on the planet
it resides at this moment.   Such an item is perfectly legal
for a civilian to have.

The problem is that while persons are only banned from having 
large capacity feed devices, and such had to be made after the law took
effect, Congress required that the marking that is supposed
to identify such items needs to be put not only on items MADE
after the effective date, but also those IMPORTED after the
effective date.  So the LEO only marking is required on items 
it is legal for civilians to have, and thus the marking is not
an indicator that it is really illegal to have, and ATF loses
the presumption against someone who possessed a marked magazine.

I don't know how they will handle the marking issue, I suspect
they will have different marking for a true post-ban mag, and
one made beforehand but imported after.  Congress required the
marking, so I don't think ATF can just waive it for imported
items that were made before hand.  But maybe they will, I didn't
ask and the ATF person didn't tell me.

In any case, she said that their request to amend the regs and 
policy was at Treasury, for approval.  She said it should come 
in a few weeks at most, and she would notify me, and at that
time I could re-apply for the Form 6, and it would then be
approved, all other things being equal.   She suggested I shouldn't
sue if I could wait a little while.    I will keep the list updated.
As I said before, if I don't need to file suit any donations
toward that will be given by me to the NRA-ILA.

For those who missed the start of this dispute, you can see
my previous dealings with ATF on the server, under the "mag. suit"
heading.

James
--
Larry Cipriani, l.v.cipriani@att.com
Ever feel like you're being watched ? -- You will.


