AK-47 legal status

From Gunsopedia
Revision as of 14:23, 15 March 2013 by Admin (Talk | contribs)

(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search

Semi-automatic and automatic rifles, including the AK-47, are often subject to special limitations on their use, purchase, import, and export. Based on the notion that such firearms are intended for military use rather than use for self-defense or hunting, legal limits are often placed on such weapons that limit their availability to semi-automatic models, limit the number of private individuals that may own them, and, in some cases, ban them altogether.

Contents

In Australia

See also: Gun politics in Australia

In Australia, the purchase of semi-automatic rifles has been effectively banned since 1996 (and fully-automatic firearms since the 1930s in most parts of the country), and therefore AK rifles, even in semi-automatic form, are not allowed (before 1996, semi-automatic versions of the AK were legal to own in a number of Australian states with the Valmet Hunter semi-automatic hunting rifle being a prime example). After the bans on certain pistols in 2003, pistol and straight pull versions of the AK were declared illegal to purchase or possess. The only way for an individual in Australia to legally own a Kalashnikov rifle is to have a Firearm Collector's Licence and the firearm deactivated by having the rifle's action welded up and the barrel plugged or permanently restricted to blank-fire. Some states allow collectors to own working fully-automatic variants and fire them at organized events.

In Canada

See also: Gun politics in Canada

In Canada since January 1, 1995, the AK-47 and its variants are prohibited under the Prohibited Weapons Order, No. 13.[1] Exceptions to this are the Valmet Hunter, the Valmet Hunter Auto, and the Valmet M78 rifles which are based on the AK action.[2] This order created a new class of prohibited firearms in Canada (class 12.5). This classification makes the AK and its variants ordinarily illegal for purchase, acquisition, or import. Individuals in Canada who possessed and registered those firearms before January 1, 1995 were "grandfathered" into this class and thus can continue to possess (and under some circumstances acquire) the AK-47 and its variants.[3]

In Europe

See also: Gun politics in the United Kingdom

Much of Western Europe has enacted comprehensive national firearms laws which prevent the lawful ownership of AK-47's or variants thereof.

In the United Kingdom AK-47 type rifles are treated the same as any other firearm, a person must have an exceptional reason and apply to the Home Secretary to gain a permit to own a fully-automatic AK-47. Prior to the Firearms (Amendment) Act 1988, which was brought into law following the Hungerford shooting (in which a legally owned, semi-automatic AK-47 was used) semi-automatic centrefire rifles, including semi-automatic AK derivatives were legal to own on a standard firearms licence. Today it is possible to lawfully own AK derivatives in the UK on a standard firearms licence provided they have been produced or modified to be "Manual Straight Pull" rifles which need to be manually cocked after each shot, this involves a modification to the weapon to essentially remove the gas system by permanently closing the gas port above the barrel (may also involve the removal of the gas piston). Semi-automatic AK derivatives that fire .22 rimfire ammunition are also legal to own on a standard firearms licence, there is no restriction on magazine capacity. Deactivated AK rifles are legal to buy and own without a licence.

In Norway it is forbidden for civilians to possess any form of fully automatic firearm unless a special permit is issued.[4] Similar laws are in force throughout most of Europe. Fully automatic weapons are either explicitly or effectively outlawed in most European countries, including Russia. Despite this, semi-automatic versions of the Kalashnikov series of rifles are still legal to own in many mainland European countries, including Russia (e.g. Saiga series rifles) and a number of former Soviet republics e.g. Ukraine.

In Mexico

See also: Gun politics in Mexico

In Mexico, the possession of the AK-47 or any of its variants by civilians is outlawed. The Federal Law of Firearms and Explosives in its Article 11[5] prohibits the civilian possession of this category of weapon and cartridge (lawful use of a military-style firearm using a military caliber intended round is restricted to the Mexican Army), However, the AK-47 is well known in the country as the Cuerno de Chivo (Spanish for "ram's horn"), in clear reference to the curved form of the magazine.[6]

In New Zealand

See also: Gun politics in New Zealand

New Zealand gun laws do not treat the AK-47 differently from any other firearm. Full-auto versions are prohibited, except for collectors with a special "C" licence endorsement, and more stringent security. Firearms held on a C licence are not permitted to be fired. Semi-automatic versions are legal, but generally qualify as a Military-Style Semi-Automatic and require a special "E" licence endorsement. Again, the security requirements of an E licence are more stringent, but the firearm may be used.

In the United States

See also: Gun politics in the United States

Private ownership of fully automatic AK-pattern rifles was regulated by the National Firearms Act (NFA) of 1934. The Gun Control Act of 1968 ceased the import of foreign-manufactured fully automatic firearms for civilian sales and possession.

In 1986, an amendment to the Firearm Owners Protection Act stopped all future domestic manufacturing of fully automatic weapons for civilian use (non-military/non-LEO). Fully automatic weapons are still manufactured in the US for military and law enforcement use. However, automatic firearms manufactured domestically prior to 1986 or imported prior to 1968 may be transferred between civilians in accordance with federal and state law. A number of Soviet and PRC rifles were brought into the U.S. during the mid-1960s, when returning Vietnam veterans brought them home after capture from enemy troops. Some of these were properly registered during the amnesty period under the 1968 NFA law.

Semi-automatic AK-type rifles are legal and obtainable in most states of the United States, however they may or may not be legal to own or possess depending on state, county, city, and local laws and ordinances. Persons interested in owning one of these types of rifles are strongly encouraged to research the laws where they reside or plan to keep and use the weapon. The 1989 Semi-Automatic Rifle Import Ban (18 USC 925(d)(3)) and the 1994 Federal Assault Weapons Ban specifically banned the AK-47 by name, and many other such weapons (including obvious clones of AK-47's) manufactured after 1994 had to be modified to the letter of the law (removal of barrel threading, bayonet lug and folding stock). This ban expired on September 13, 2004, as part of the law's sunset provision, making all domestically produced semi-automatic AK-47s legal. The import of AK pattern rifles with certain features (ie. WASR rifles legally are imported with the low capacity single stack magazine) is still banned. However, certain states such as California, New York, New Jersey and Massachusetts have specific restrictions which effectively ban new purchases of many semi-automatic rifles, with some mentioning AK-pattern firearms by name.

References

  1. Department of Justice Canada (1998-12-01). "Part 1. Section 64.". Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (SOR/98-462). Retrieved 2007-05-29.
  2. List of Restricted and Prohibited Firearms, Royal Canadian Mounted Police
  3. Department of Justice Canada. "Section 12. Schedule 5. Grandfathered individuals — Prohibited Weapons Order, No. 13". Firearm Act (1995, c. 39).
  4. Forskrift om skytevåpen, våpendeler og ammunisjon, section 2-8
  5. LEY FEDERAL DE ARMAS DE FUEGO Y EXPLOSIVOS Article 11 http://info4.juridicas.unam.mx/ijure/fed/106/13.htm?s=
  6. Condor Pictures - AK-47 Tembile Cuerno De Chivo
Personal tools
Namespaces

Variants
Actions
Navigation
Toolbox