I scored a SAN P553 recently, and duly filed my Form 1 and have a tax stamp in hand. Needing a stock, I called gunfactory.ch and ordered one from them. I’ve waited for several months, and have been wondering what the deal is. Well, today I received a letter from Customs and Border Patrol, saying they’ve seized the stock. I apparently have multiple options, to petition them for my property in a few different ways or to just abandon it.

What are my options here? I was under the understanding this was legal, and any paperwork, if necessary would be done by gunfactory. But, I don’t want to inadvertently admit to CBP to anything illegal. Did they just get over-eager and seize something they shouldn’t have? Or is there some form somewhere that will square this up? I don’t even know who I could really even call for help.

Got a decent Congressman?

I have heard of this happening to people who purchased reproduction stocks for vintage military rifles (eg, K98s, G43s, etc.) from foreign makers. Some customs agents may construe them as a prohibited firearm part. Even if it's a gray area, that doesn't help much if yours gets stuck in customs.

I would jut start whatever claim process necessary but watch the costs to get your rightful product but keep a realistic expectation that you may not be successful.
Keep in mind the value of the item more than what is right or wrong as we all know the government does not care one bit about you.
Sorry.

quote:

I was under the understanding this was legal,

No it is not. You stepped on ITAR (International Traffic in Arms) regulations.

quote:

any paperwork, if necessary would be done by gunfactory

They can not.

Before I retired worked for a fortune 50 company they sent me to class yearly on ITAR. It is a cluster fuck of regulations.

quote:

What are my options here?

Let sleeping dogs lie.

What ITAR category does a gun stock fall under? The ITAR laws were changed several years ago.

Shackleford, did you fill out and file an ATF Form 6?

“ Indianapolis CBP Seize Illegally Shipped Firearm Parts

…The items were seized on behalf of ATF for not having the required permits, and because these import permit requirements were not met, the gun parts were seized…“

Link

SONS O' BITCHES!!!

CBP seizes lots of gun stuff, ammo, firearms, parts etc... In 2021 they seized over 230,000 other ammo & gun parts.

Link to CBP Seizure numbers


Did the letter say was it seized, from the examples on the inner web they show why, and the remedy possibly even the fine if any associated with it.

Possibly scan it and post, redact anything personal, might help determine why.

There are law firms specializing in CBP seizures, although the cost may exceed the value of the part.

Heres a link to a PDF from Diaz law on seized merchandise.

PDF Link

Doesn't ITAR cover exporting military items, not importing a single stock for personal use?

https://diaztradelaw.com/servi...itar-representation/

Have watched some of Discovery’s “To Catch A Smuggler” on Amazon over the past few months.

To say that I’m underwhelmed with many of the CBP officers they feature would be an understatement. Then there’s the questionably necessary and occasionally egregious destruction of property that goes on, all capped off by the attitude on display by many of them, which borders on (or definitely is, in some cases) full on JBT.

I’d try to figure out if you really tried to violate ITAR and then proceed accordingly.

-Rob

quote:

Originally posted by HRK:
CBP seizes lots of gun stuff, ammo, firearms, parts etc... In 2021 they seized over 230,000 other ammo & gun parts.

Did the letter say was it seized, from the examples on the inner web they show why, and the remedy possibly even the fine if any associated with it.

Possibly scan it and post, redact anything personal, might help determine why.

There are law firms specializing in CBP seizures, although the cost may exceed the value of the part.

Here is the relevant portion of the letter, and this is the sum total given as to the reasoning:

quote:

This is to notify you that U.S. Customs and Border Protection (CBP) seized the property described below at XXXXXXX INTL ARPT on February XX, 2024:

1 EA RIFLE STOCK

The appraised domestic value of the property is $250.00.

The property was seized and is subject to forfeiture under the provisions of:
19 USC 1595a(c)(1)(C), 49 USC 80302(a)(2) - Firearm Imported by an Unregistered/Untaxed
Importer

The facts available to CBP indicate that you might have an interest in the seized property. The purpose of this letter is to advise you of the options available to you concerning this seizure. An important document - an "Election of Proceedings" form is enclosed with this letter. You must choose ONE of the four options outlined below, indicate your choice on the "Election of Proceedings" form by checking the appropriate box, and return that form, along with any other necessary documents, to CBP within the allotted time frame. Should you choose to abandon the property, please still complete the "Election of Proceedings" form and return it to CBP. A Notice of Seizure and Intent to forfeit has also been published on www.forfeiture.gov and, if appropriate, in a conspicuous place accessible to the public at the customhouse or Border Patrol sector office nearest the place of seizure on approximately the date of this letter.

And yes, IANAL, but ITAR covers exporting, not importation.

This ain’t no different than Maryland saying I can’t transfer a P220ST when every other P220 is on the roster but an ST is a “different model”.

It’s just griefing decent folks. POSs wouldn’t like it if I did it to them, abuse of power and all.

Can you pay the import tax?

It seems to me that a stock for a firearm would fall under ATF eRegulations 27 CFR part 447.21, category 1a of the US Munitions Import List (USMIL):

“Nonautomatic and semiautomatic firearms, to caliber .50 inclusive, combat shotguns, and shotguns with barrels less than 18 inches in length, and all components and parts for such firearms.” [Emphasis added.]
https://regulations.atf.gov/447-21/E8-23178#447-21

If so, and it’s a permanent import, this statement seems to apply:
“If something is on the USMIL, you need ATF permission to import it on a permanent basis by obtaining a permit or an exemption.”
https://www.learnexportcomplia...-itar-meets-the-atf/

Just out of curiosity I would like to know if my interpretation of the above is correct.

It’s not a matter of tax, it’s not on the USML which is ITAR, and I believe sigfreund is correct, it falls under the ATF’s purview.

U.S. Munitions List:
“Category I—Firearms and Related Articles

* (a) Firearms using caseless ammunition.

* (b) Fully automatic firearms to .50 caliber (12.7 mm) inclusive.

* (c) Firearms specially designed to integrate fire control, automatic tracking, or automatic firing (e.g., Precision Guided Firearms).”

It’s a matter of not completing and filing ATF Form 6.

The stock doesn’t fall under ITAR as certain firearms were moved from USML (U.S. Munitions List) Category I under ITAR to the CCL (Commerce Control List) Category 0, ECCN 0A501 y.1 (Link) under the USDC’s (U.S. Department of Commerce) BIS’s (Bureau of Industry and Security) EAR’s (Export Administration Regulations) CCL (Commerce Control List) in 2020.

I didn’t make that up. I’m serious. It’s true. Really.

It does sound like you, not being a Registered Importer bringing in an untaxed item.

The question you might ask them if you can, is what do you need to do to correct it obtain the part.

19 USC 1595a(c)(1)(C), 49 USC 80302(a)(2) - Firearm Imported by an Unregistered/Untaxed
Importer

Links 19 USC 195A(c)(1)(c) Link

(c)Merchandise introduced contrary to law
Merchandise which is introduced or attempted to be introduced into the United States contrary to law shall be treated as follows:

(C)is a contraband article, as defined in section 80302 of title 49; or


Link 49 USC 80302(a)(s)

(a)Definition.—In this section, “contraband” means—

(2)a firearm involved in a violation of chapter 53 of the Internal Revenue Code of 1986 (26 U.S.C. 5801 et seq.

Link 26 USC 5801 Tax

(a)General rule
On 1st engaging in business and thereafter on or before July 1 of each year, every importer, manufacturer, and dealer in firearms shall pay a special (occupational) tax for each place of business at the following rates:
(1)Importers and manufacturers: $1,000 a year or fraction thereof.
(2)Dealers: $500 a year or fraction thereof.

(b)Reduced rates of tax for small importers and manufacturers
(1)In general
Paragraph (1) of subsection (a) shall be applied by substituting “$500” for “$1,000” with respect to any taxpayer the gross receipts of which (for the most recent taxable year ending before the 1st day of the taxable period to which the tax imposed by subsection (a) relates) are less than $500,000.

(2)Controlled group rules
All persons treated as 1 taxpayer under section 5061(e)(3) shall be treated as 1 taxpayer for purposes of paragraph (1).

(3)Certain rules to apply
For purposes of paragraph (1), rules similar to the rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply.


Sounds as if they are deeming it as you attempted to import a firearm part and are not a dealer, importer, manufacturer and have not paid the fees.

Except he’s not engaging in business. He’s buying one item for his personal use. It says importers, manufacturers, and dealers need to pay that tax. He is not one of those three and would not pay that tax.

quote:

Originally posted by trapper189:
Except he’s not engaging in business. He’s buying one item for his personal use. It says importers, manufacturers, and dealers need to pay that tax. He is not one of those three and would not pay that tax.

If you import something, are you not an importer? It says importer, not important engaged in the business of reselling what they import.

What color are you looking for?

quote:

Originally posted by HRK:
Link 26 USC 5801 Tax

(a)General rule
On 1st engaging in business and thereafter on or before July 1 of each year, every importer, manufacturer, and dealer in firearms shall pay a special (occupational) tax for each place of business at the following rates:
(1)Importers and manufacturers: $1,000 a year or fraction thereof.
…

Sounds as if they are deeming it as you attempted to import a firearm part and are not a dealer, importer, manufacturer and have not paid the fees.

At that reference you provide here, if I follow the highlighted link for “importer”, it gives me the definition “ The term “importer” means any person who is engaged in the business of importing or bringing firearms into the United States. Source: 26 USC § 5845(l).”

Therefore, to trapper189’s point, since I’m not in business, and it’s for personal use, then this doesn’t apply to me.

So, the question is, does ATF regulations apply to me, and do I need to do a Form 6, or is that also only apply to businesses?

I guess part of my question is, I’ve heard of several folks here and elsewhere mention buying this stuff off of gunfactory.ch or other sites, and nobody’s ever mentioned any ATF forms, so did they just skate through, or what’s the deal here?

If it’s just a matter of filling out a form, I can do that. But I also don’t want to drag myself into some legal headache by submitting something I don’t need to, and the ATF then thinking I’m an unregistered FFL or some silliness. Right now, I’m leaning toward just sending back a letter stating I’m not in business and this doesn’t apply to me and seeing how they respond.

Well, that and ordering another stock from JDI as well. Ugh…

ETA: Citadel, I’m looking for green.

The real Irony is figure out who is the biggest arms dealer in the world and then realize why there are all these regulations....