Jul

28

High Capacity Magazines Exported from U.S. to Norway Shooter

Posted by at 5:15 pm on July 28, 2011
Category: Arms Export

ABOVE: Ruger Mini-14 30-round
magazines

According to a story that ran today in Politico, Anders Breivik claimed in his “Manifesto” that he obtained by mail order from the United States the 10 30-round magazines for the Ruger Mini-14 rifle that he used in the shootings at the summer camp outside Oslo. The cost of the 10 magazines was said by him to be $550.

Breivik wrote in his manifesto that while he could have purchased the high-capacity magazines in Sweden, they would have been significantly more expensive than ordering them from a U.S. supplier.

Although this revelation has led some politicians and others to wonder why such exports are legal, these exports might well have been illegal. The magazines in question would clearly have been Category I(h) items on the United States Munitions List and would have required a State Department license unless one of the export exemptions in the International Traffic in Arms Regulations was applicable. The only one arguably applicable would be the one found in section 123.17(a) which permits unlicensed exports of certain parts and components, including magazines, of “semi-automatic firearms to caliber .50 inclusive” provided the value does not exceed $100 wholesale in any transaction.

Because of the dollar limitation, the export of these magazines, if done in one transaction, would not have been eligible for the exemption and would have required a license, something that likely was not obtained given the relatively low cost of the transaction. Breivik’s “Manifesto” entry on the purchases also makes it sound like it was one export and ineligible for the $100 exemption:

10 x 30 round magazines – .223 cal at 34 USD per mag. Had to buy through a smaller US supplier (who again ordered from other suppliers) as most suppliers have export limitations.

Of particular note here is that Breivik was looking for a U.S. supplier who was willing to, er, overlook U.S. export requirements. That supplier should be very nervous, because I bet that they’ll find shipping documents in Breivik’s apartment with the supplier’s name.

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Copyright © 2011 Clif Burns. All Rights Reserved.
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5 Comments:

Even if the exporter HAD applied for a license, DDTC would not have granted it. Though it is nowhere published, those of us exporting Category I items know that DDTC policy limits the export of magazines with greater than 10 rounds capacity to military and law enforcement end users only. Thus, the exporter’s only legal option would have been to use the 123.17(a) exemption to export up to $100 worth of magazines. (Knowing that DDTC won’t license hi-cap magazines to civilian end-users, I personally wouldn’t export them under the exemption, but strictly speaking I’d say it is legal.) Of course, use of that exemption requires the exporter to be registered with DDTC, and most mom and pop firearms dealers are unlikely to be willing to pony up the $2,250 registration fee for just a handful of potential transactions per year.

Comment by Peter S on July 29th, 2011 @ 10:01 am

@Peter S: Those are all good points, particularly the point about registration and the likelihood that a small gun dealer will have gone through that process.

Comment by Clif Burns on July 29th, 2011 @ 12:17 pm

The Ruger Mini-14 is a particular favorite of mine, although I prefer the 7.62 mm AK round version over the .223caliber. It is my favorite varmint rifle. I can’t imagine paying $110 per magazine. The dealer could have picked high capacity mags up at a gun show for about a $100 or a good trade.

Comment by Hillbilly on July 29th, 2011 @ 6:44 pm

You may want to read the rest of that act.

It also specifically excludes said sub $100 items if the exportation is part of a commercial transaction.

This is an exemption for personal baggage, not a loophole for an exporter.

Comment by Kristopher on August 11th, 2011 @ 5:11 pm

    No, Kristopher, § 123.17(a) does not exclude commercial transactions or limit the export to personal use in accompanied baggage. Those restrictions are part of 123.17(c) which permits unlicensed export of not more than three nonautomatic firearms and 1,000 rounds of ammunition. They do not apply to 123.17(a) which covers parts valued at less than $100.

    Comment by Clif Burns on August 11th, 2011 @ 5:49 pm