Is This Legal?

[Kythas]

I have a friend in Germany who is willing to ship me some German PMAGs (actually called OU-MAG there).

Is it legal for him to ship the magazines (not ammunition, just the mags) to me in the United States?

[recaffeination]

ATF probably wants an import license to do this. Maybe there is a personal use exemption but I would check first. Unless I was willing to risk a customs seizure by having my friend send me a "gift" that "I didn't know about" before hand.

[i8godzilla]

I guess it depends on how much they cost.

http://www.gpo.gov/fdsys/pkg/CFR-2012-t ... 447-41.xml" onclick="window.open(this.href);return false;
§ 447.41
Permit requirement.
(a) Articles on the U.S. Munitions Import List will not be imported into the United States except pursuant to a permit under this subpart. For articles subject to control under parts 478 or 479 of this chapter, a separate permit is not necessary.
(b) Articles on the U.S. Munitions Import List intended for the United States or any State or political subdivision thereof, or the District of Columbia, which are exempt from import controls of 27 CFR 478.115 shall not be imported into the United States, except by the United States or agency thereof, without first obtaining a permit under this subpart.
(c) A permit is not required for the importation of—
(1)(i) The U.S. Munitions Import List articles from Canada, except articles enumerated in Categories I, II, III, IV, VI(e), VIII(a), XVI, and XX; and
(ii) Nuclear weapons strategic delivery systems and all specifically designed components, parts, accessories, attachments, and associated equipment thereof (see Category XXI); or
(2) Minor components and parts for Category I(a) and I(b) firearms, except barrels, cylinders, receivers (frames) or complete breech mechanisms, when the total value does not exceed $100 wholesale in any single transaction.

[RoyGBiv]

Hmmmmm....
http://www.weaponevolution.com/forum/sh ... rman-P-MAG" onclick="window.open(this.href);return false;

I wonder what the license requirement is for magazines?
Can he get a few pallets? I can arrange the freight...

Must dig for permit information..

[JJVP]

I guess it depends on how much they cost.

http://www.gpo.gov/fdsys/pkg/CFR-2012-t ... 447-41.xml" onclick="window.open(this.href);return false;
§ 447.41
Permit requirement.
(a) Articles on the U.S. Munitions Import List will not be imported into the United States except pursuant to a permit under this subpart. For articles subject to control under parts 478 or 479 of this chapter, a separate permit is not necessary.
(b) Articles on the U.S. Munitions Import List intended for the United States or any State or political subdivision thereof, or the District of Columbia, which are exempt from import controls of 27 CFR 478.115 shall not be imported into the United States, except by the United States or agency thereof, without first obtaining a permit under this subpart.
(c) A permit is not required for the importation of—
(1)(i) The U.S. Munitions Import List articles from Canada, except articles enumerated in Categories I, II, III, IV, VI(e), VIII(a), XVI, and XX; and
(ii) Nuclear weapons strategic delivery systems and all specifically designed components, parts, accessories, attachments, and associated equipment thereof (see Category XXI); or
(2) Minor components and parts for Category I(a) and I(b) firearms, except barrels, cylinders, receivers (frames) or complete breech mechanisms, when the total value does not exceed $100 wholesale in any single transaction.

Does that mean you can import nuclear weapons to the US without a permit?????!

[DocV]

I guess it depends on how much they cost.

http://www.gpo.gov/fdsys/pkg/CFR-2012-t ... 447-41.xml" onclick="window.open(this.href);return false;
§ 447.41
Permit requirement.
(a) Articles on the U.S. Munitions Import List will not be imported into the United States except pursuant to a permit under this subpart. For articles subject to control under parts 478 or 479 of this chapter, a separate permit is not necessary.
(b) Articles on the U.S. Munitions Import List intended for the United States or any State or political subdivision thereof, or the District of Columbia, which are exempt from import controls of 27 CFR 478.115 shall not be imported into the United States, except by the United States or agency thereof, without first obtaining a permit under this subpart.
(c) A permit is not required for the importation of—
(1)(i) The U.S. Munitions Import List articles from Canada, except articles enumerated in Categories I, II, III, IV, VI(e), VIII(a), XVI, and XX; and
(ii) Nuclear weapons strategic delivery systems and all specifically designed components, parts, accessories, attachments, and associated equipment thereof (see Category XXI); or
(2) Minor components and parts for Category I(a) and I(b) firearms, except barrels, cylinders, receivers (frames) or complete breech mechanisms, when the total value does not exceed $100 wholesale in any single transaction.

Does that mean you can import nuclear weapons to the US without a permit?????!

Looks like just the lowers

[Kythas]

Hmmmmm....
http://www.weaponevolution.com/forum/sh ... rman-P-MAG" onclick="window.open(this.href);return false;

I wonder what the license requirement is for magazines?
Can he get a few pallets? I can arrange the freight...

Must dig for permit information..

Note these are OA-MAG and not GMAG.

And he's simply ordering from the manufacturer and shipping them to me person to person, since the manufacturer won't ship to a US address.

[Kythas]

I guess it depends on how much they cost.

http://www.gpo.gov/fdsys/pkg/CFR-2012-t ... 447-41.xml" onclick="window.open(this.href);return false;
§ 447.41
Permit requirement.
(a) Articles on the U.S. Munitions Import List will not be imported into the United States except pursuant to a permit under this subpart. For articles subject to control under parts 478 or 479 of this chapter, a separate permit is not necessary.
(b) Articles on the U.S. Munitions Import List intended for the United States or any State or political subdivision thereof, or the District of Columbia, which are exempt from import controls of 27 CFR 478.115 shall not be imported into the United States, except by the United States or agency thereof, without first obtaining a permit under this subpart.
(c) A permit is not required for the importation of—
(1)(i) The U.S. Munitions Import List articles from Canada, except articles enumerated in Categories I, II, III, IV, VI(e), VIII(a), XVI, and XX; and
(ii) Nuclear weapons strategic delivery systems and all specifically designed components, parts, accessories, attachments, and associated equipment thereof (see Category XXI); or
(2) Minor components and parts for Category I(a) and I(b) firearms, except barrels, cylinders, receivers (frames) or complete breech mechanisms, when the total value does not exceed $100 wholesale in any single transaction.

That (b)(ii)(2) is a bit confusing. Does that mean the components and parts when the total value doesn't exceed $100 wholesale, or just the barrels, cylinders, receivers, or breech mechanisms when they don't exceed $100 wholesale?

If it's the first, then this could get complex due to exchange rates. He can get me 5 mags for 100 Euros, which comes to about $127 US. I want him to get me 10 mags, but that would exceed the limit if that limit is applied to magazines.

[G26ster]

I would hate to see you inadvertently violate federal law, so I will relate my experience. I wanted to get a few .22LR mags from a fellow overseas. I did my research and found an ATF Form 6 would be required to be submitted to the ATF and approved by them. Regs say magazines holding, or that can be readily restored or converted to hold, more than 10 rds are "ammunition feeding devices." Also, I interpreted the regs to mean that "minor components" were screws, springs, etc., not magazines. I called my FFL for guidance, and he contacted the ATF to inquire. They said a permit was required. In addition to the form, the customs requirements info was very confusing, so I just decided it was not worth risking inadvertently violating the law for a few magazines. I would advise you to research this very carefully, or call or write the ATF for guidance.

[hpcatx]

That (b)(ii)(2) is a bit confusing. Does that mean the components and parts when the total value doesn't exceed $100 wholesale, or just the barrels, cylinders, receivers, or breech mechanisms when they don't exceed $100 wholesale?

Given the comma before except, setting off the whole phrase up until when, I read this to mean components which don't exceed $100 and are not barrels, cylinders, etc.

[Kythas]

I would hate to see you inadvertently violate federal law, so I will relate my experience. I wanted to get a few .22LR mags from a fellow overseas. I did my research and found an ATF Form 6 would be required to be submitted to the ATF and approved by them. Regs say magazines holding, or that can be readily restored or converted to hold, more than 10 rds are "ammunition feeding devices." Also, I interpreted the regs to mean that "minor components" were screws, springs, etc., not magazines. I called my FFL for guidance, and he contacted the ATF to inquire. They said a permit was required. In addition to the form, the customs requirements info was very confusing, so I just decided it was not worth risking inadvertently violating the law for a few magazines. I would advise you to research this very carefully, or call or write the ATF for guidance.

Form 6 is for "Firearms, Ammunition, and Implements of War". As a magazine is neither a firearm nor ammunition, am I to understand that the ATF considers a magazine to be an implement of war?

Also, some of the questions they ask on that form - how am I supposed to know this about an OA-MAG:

a. Do not contain parts or components produced by or
for the U.S. military and do not contain parts or com-
ponents manufactured with U.S. military technical
data or assistance.
b. Contain parts or components produced by or for the
U.S. military or parts or components manufactured
with U.S. military technical data or assistance.
c. Contain parts or components produced by or for the
U.S. military or components manufactured with U.S.
technical data or assistance that were sold abroad
pursuant to a Direct Commercial Sale licensed by the
Department of State.

I think I'll just forget the whole thing. I don't want to violate the law and these are too many hoops to jump through just to get a few mags for my AR.

[K.Mooneyham]

Ah, good old fashioned red tape and bureaucracy...a key component in creating artificial shortage.