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admin — Thu, 09 Sep 2010 05:42:48 +0000

Thus you can see why a machine gun is not also a short barreled rifle; it is not a rifle. And you can see why a barrel is not subject to regulation, or registration, in itself. It is a barrel, it cannot discharge a shot. A receiver alone is also not a short rifle; a short rifle is only a complete weapon that fits into the length parameters outlined.

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admin — Thu, 09 Sep 2010 01:09:42 +0000

There is no tax on transfers to anyone of a weapon that is unserviceable. Making a weapon unserviceable means it is permanently altered so that it cannot work, and is not readily restorable. For example a gun can be made unserviceable by welding the chamber closed, and welding the barrel to the receiver or frame. An unserviceable weapon is sometimes called a DEWAT, for DE-activated WAr Trophy (see below).

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admin — Wed, 08 Sep 2010 02:42:03 +0000

ATF takes the position that this includes any combination of parts from which a short barreled rifle can be assembled. And they said this included a set of parts with dual uses. In the Supreme court case of Thompson/ Center Arms v. US, – U.S. – (1994) ATF said it was a set consisting of a receiver, a 16″+ barrel, a pistol grip stock, a shoulder stock, and a barrel less than 16 inches long. The idea of the kit was that you needed only one receiver, and you could have both a rifle and pistol in one gun. While making a pistol out of a rifle is making a short rifle, ATF has long approved of converting a pistol into a rifle, and then converting it back into a pistol, that was not an issue. T/C made one set on a Form 1, then sued for a tax refund, claiming the set was not a SBR, unless it actually was assembled with the shoulder stock, and short barrel, something they instructed the purchaser of the set not to do. The Supreme court disagreed with ATF, and agreed with Thompson/Center.

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admin — Tue, 07 Sep 2010 20:24:33 +0000

A sole proprietor SOT may keep any NFA weapon he has after surrendering his SOT, as his personal property, except post-86 machine guns, discussed below. If ATF thinks, based on the number of weapons retained and the timing, that your SOT status was used to evade the transfer taxes, they may demand tax on all or some of the guns, although you will be entitled to a credit against that for your annual $500 or $1000 SOT tax. Conceivably you could also be prosecuted for tax evasion.

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Another good source of information is the ATF publication, “Federal Firearms Regulations Reference Guide” ATF P 5300.4 (10-95). It contains the GCA, NFA, and the regulations promulgated under those laws, as well as other useful information. Unlike the old “Red Book”, (this has a yellow cover), this one has the Crime Bill, and Brady law in it. It also has the Brady regulations, and the interim Crime Bill regulations. ATF also publishes a compilation of state laws, “State Laws and Published Ordinances-Firearms“, ATF P 5300.5 (10/94). Both are free from ATF. To get forms, or the books, you can write to ATF Distribution Center, PO Box 5950, Springfield, VA 22150-5950. Or phone them at (703) 455-7801. Or your local ATF office should be able to supply them also.

admin — Tue, 07 Sep 2010 01:59:57 +0000

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admin — Tue, 07 Sep 2010 00:13:29 +0000

Folks who are around NFA guns for very long will find there are still a lot of DEWAT guns that were never registered during the Amnesty, and are now contraband unregistered machine guns. Folks have them in closets, up over the mantle… They can be stripped of parts, to make a parts set, and have the receiver thrown away. Torch cutting the receiver into 4 or more parts may be acceptable; you would have to contact ATF to find out the current standard for “de-mill”ing (short for demilitarize) a receiver; a de-milled receiver is not a firearm, it is scrap metal. A receiver only cut in half may well not be scrap; ATF has prosecuted folks where they could duct-tape together the receiver and get the gun to fire. Best to check on this before proceeding. The U.S. v. Staples, – U.S. – (1994), decision should end such ridiculous prosecutions, now the feds must prove, beyond a reasonable doubt, you knew the gun was subject to the NFA, ie you knew it was a machine gun, that it could fire more than one shot with a pull of the trigger, and so on. But even if there were no prosecution, you could lose the receiver and or parts to a forfeiture, if ATF though it was in fact a machine gun, and it was not registered.

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NFA weapons are: machine guns, sound suppressors (a.k.a. silencers), short barreled shotguns, short barreled rifles, destructive devices and “any other weapons“. A machine gun is any gun that can fire more than one shot with a single pull of the trigger, or a receiver of a machine gun, or a combination of parts for assembling a machine gun, or a part or set of parts for converting a gun into a machine gun. A silencer is any device for muffling the gunshot of a portable firearm, or any part exclusively designed or intended for such a device (see discussion below). A short barreled shotgun is any shotgun (shoulder fired, smooth bore) with a barrel of less than 18″ or an overall length of less than 26″, or any weapon made from a shotgun falling into the same length parameters. A short barreled rifle is a rifle (shoulder fired, rifled bore) with a barrel length of less than 16″, or an overall length of less than 26″, or any weapon made from a rifle falling into the same length parameters (like a pistol made from a rifle). In measuring barrel length you do it from the closed breech to the muzzle, see 27 CFR sec. 179.11. To measure overall length do so along, “the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore.” 27 CFR sec. 179.11. On a folding stock weapon you measure with the stock extended, provided the stock is not readily detachable, and the weapon is meant to be fired from the shoulder. A destructive device (DD) is a explosive, incendiary or poison gas weapon, or any firearm with a bore over 1/2″, with exceptions for sporting shotguns, among other things (see discussion below). Any other weapons (AOW’s) are a number of things; smooth bore pistols, any pistol with more than one grip,(but see below) gadget type guns (cane gun, pen gun) and shoulder fired weapons with both rifled and smooth bore barrels between 12″ and 18″, that must be manually reloaded (see discussion below). These definitions are simplified, to see if a specific gun is a title 1 or 2 firearm one needs to refer to the specific definition under the statute(s), and possibly consult with the Technology Branch of ATF. There is also case law on the issue of whether a specific item falls into one of these categories.

admin — Sun, 05 Sep 2010 20:45:53 +0000

In every case, the part(s) are installed into a semi-automatic gun, and without any alteration to the semi-auto gun’s receiver, the new part(s) will allow the gun to fire as a machine gun. As a general rule a sear conversion is less desirable than an original gun, or a registered receiver conversion. This is because if the registered part breaks or wears out it cannot be replaced, only repaired, if possible. BATF considers replacing it with a new part to be the new manufacture of a machine gun, and a civilian could not own it, as it would have been made after the 1986 ban. This wear/breakage thing is also true of the receiver on a gun where that is the registered part, but in general the receiver is less subject to wear or breakage than a small part, like a sear. Being larger, a receiver may also be easier to repair. The sear conversion will most likely not be just like the factory machine gun version; it will be working in the semi-auto version of the gun. A registered receiver conversion can (and should, but isn’t always) be mechanically identical to the original full auto version of the gun, and factory spare parts may be used. Some sear conversions require altered parts, in addition to the registered sear.

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admin — Sun, 05 Sep 2010 18:39:42 +0000

In all likelihood 18 USC sec. 922(o), the ban on civilian possession of machine guns registered after the law took effect, or never registered, precludes an Amnesty (as provided for under existing law) for machine guns. You could register it, and comply with the NFA, but you would still be in violation of sec. 922(o), because the gun would have been registered after the law took effect. The penalties are the same under either law. One could register all other categories of NFA guns at an Amnesty. Congress could also pass a law providing for an Amnesty, and override 922(o) in that manner.

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admin — Sat, 04 Sep 2010 17:31:34 +0000

In addition, if one is also a SOT, ATF claims to have the right to enter onto your business premises, during business hours, to verify compliance with the NFA. Their regulation to that effect is found at 27 CFR sec. 179.22. The regulation is apparently based upon 26 USC sec. 7606:

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admin — Fri, 03 Sep 2010 17:34:40 +0000

Licensing

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