Before the NFA was changed in 1968, as part of the Gun Control Act of 1968, one could register unregistered existing weapons, however it meant you were admitting to possessing an unregistered weapon. In fact the law required it, which was a reason the US Supreme Court used in gutting the registration scheme of the pre-68 NFA in Haynes v. US, 390 U.S. 85 (1968). (It violated the 5th amendment right against compelling self-incrimination.) However if there was no criminal intent to the possession (which tended to be demonstrated by attempting to register the weapon) then the Alcohol and Tobacco Tax Division of the Treasury Dept. would accept the application to transfer the weapon, or to register it. ATT generally sent an investigator to check out what was going on, and if deemed appropriate, to help the applicant fill out the Form 1. The Alcohol, Tobacco and Firearms Division of the IRS (created out of the ’68 GCA, it became the Bureau of Alcohol, Tobacco and Firearms on July 1, 1972) continued this practice until 1971, with the transferor instead of the transferee admitting to possessing an unregistered weapon, when applying to transfer it.
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Afghanistan Security not Improving
A U.N. report released Saturday painted a grim picture of the security situation in Afghanistan, saying roadside bombings and assassinations have soared the first four months of the year amid ramped up military operations in the Taliban-dominated south.
* General Info on NFA weapons
* Obtaining the law enforcement certification
* NFA weapons and the 4th amendment
* NFA weapon amnesties
* Machine gun sears and conversion parts
* DEWATs
* Any other weapons
* Destructive devices
* Sound suppressors (Silencers)
* Short barreled rifles
* Appendix – State NFA restrictions and a note about California ATF Forms, compiled by Trenton Grale
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7606. Entry of premises for examination of taxable objects. (a) Entry during day. The Secretary may enter, in the daytime, any building or place where any articles or objects subject to tax are made, produced, or kept, so far as it may be necessary for the purpose of examining said articles or objects. (b) Entry at night. When such premises are open at night, the Secretary may enter them while so open, in the performance of his official duties. (c) Penalties For penalty for refusal to permit entry or examination, see section 7342.
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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GETTING THE LAW ENFORCEMENT CERTIFICATION
In addition any NFA weapon EVER transferred or registered in violation of the Act is subject to civil forfeiture. See 26 USC sec. 5872. A forfeiture proceeding is separate from any criminal prosecution, and a resolution of a criminal proceeding in favor of the defendant will not preclude a forfeiture action. See U.S. v. One Assortment of Eighty-Nine Firearms, 465 U.S. 354 (1984).
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Weaver Scope: 849507 40/44 3-9 x 40 Rifle Scope
Great Glass at a Great Value
When it comes to value and performance, Weaver
Taxpayer privacy
The transfer paperwork is nominally a tax return; the purpose of the registration, and the National Firearms Registration and Transfer Record (Registry) is keeping track of who owes the tax. ATF takes the position that taxpayer privacy laws apply to a transfer form, and that they may not discuss a pending transfer with anyone but the taxpayer, who is the transferor (seller), as he is responsible for the tax by law. This also serves to allow ATF to refuse to discuss why a transfer is taking so long with the party who is most interested in that question, the transferee (buyer). However, in another context (releasing information under the Freedom of Information Act) ATF has decided that as to a Form 4, the tax form is a joint return between the transferor and transferee, (see 1980 Auto Ordnance Corp. memo) so in that case the transferee should be entitled to the information about the application on the same basis as the transferor. That is not the usual practice, however. The NFA also prohibits the use of Registry information obtained from natural persons (only) for any law enforcement purpose except prosecutions for making a false statement on a transfer form (26 USC sec. 5848). Other tax laws prohibit the release of transfer information, as a tax return, except for certain narrow law enforcement type circumstances. See 26 USC sec. 6103.
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Vortex Crossfire 3-9×40 Riflescope – V-Brite Illuminated Reticle
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click to enlarge |
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- 3-9×40 riflescope is ideal for big game, muzzleloader, and slug shotgun applications.
- V-Brite reticle uses the Plex format (best general purpose hunting reticle) along with battery -powered electronics to illuminate the central crosshair for better low light performance. Good for hunters and shooters working in extra low light.
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OPTICAL FEATURES |
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Fully Multi-Coated Lenses |
Increase light transmission with multiple anti-reflective coatings on all air-to-glass surfaces. |
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CONSTRUCTION FEATURES |
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Illuminated Reticle |
Electronic illumination aids in low light visibility of reticle. battery included. |
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One-Inch Tube |
Standard tube diameter for most American riflescopes. |
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One-Piece Tube |
Maximizes strength and waterproofness. |
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Aircraft-Grade Aluminum |
Premium grade of aluminum, valued for fatigue resistance. |
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Fast Focus Eyepiece |
Allows quick and easy reticle focusing. |
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Low Capped Turrets |
Is less susceptible to accidental impact damage. |
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Reset Turrets |
Allow re-indexing of the turret housing to zero after sighting in the riflescope Key to Abbreviations – APPENDIX: STATE NFA RESTRICTIONS A violation of 18 USC sec. 922(o) of the GCA can also bring up to a ten year prison sentence, and or a $250,000 fine. Again, prison time is likely, even on a first offense. Using a machine gun or a silencer in a crime can result in a sentencing enhancement of thirty years, even if there is no NFA prosecution. See 18 USC sec. 924. – infrared flashlights from Streamlight and Surefire infrared Flashlights A sear that does require alteration to the host gun’s receiver is not a conversion part, and is not able to be registered as such. Some slipped by NFA Branch, in particular AK-47-Accessories.html”>AK-47 “sears” that required a hole be drilled in the gun’s receiver, like a regular receiver conversion of the semi-auto AK. Such “sears” in the hands of innocent buyers were left on the Registry, with the requirement that they were not to be removed from the host gun, in effect converting them into receiver conversions in the eyes of BATF. However any in the possession of the persons who made and registered them were disallowed, and removed from the Registry. See Vollmer v. Higgins, 23 F.3d 448 (D.C.Cir. 1994) for mention of the AK sears. Also see FFL Newsletter, Summer Issue 1988, Bureau of Alcohol, Tobacco and Firearms, page 2, Washington, D.C. – Vortex SparcSPARC Red Dot It takes a SPARC to light a fire. The new, compact, daylight-bright SPARC (Speed Point Aiming for Rapid Combat) is packed with performance features and lends itself to a wide variety of firearm platforms Therefore, if one has a semi-auto HK-91, and an HK-93 converted with an auto sear, and having a barrel less than 16 inches, one may not remove the sear from the HK-93 and put it on the HK-91. That would leave the semi-auto pack from the HK-91, and the receiver/barrel combination from the HK-93; a set of parts for assembling a rifle, and said rifle would have a short barrel, and further not be registered. I think that if one disposed of all trigger packs one had, except the one the sear was in, one could legally swap it between the rifles, without having to register the HK-93 as a SBR. The leftover HK-93 receiver and barrel setup would not be capable of firing a shot, with the parts in the possession of the owner, except with the sear converted pack, and using that on it would be OK. HOWEVER, I think ATF would disagree, would probably claim the resulting half of a gun was an “unservicable” short rifle or some other non- sense, and would prosecute should such an arrangement be attempted. If someone is serious about doing this, they need to ask Technology Branch if they will go along with the reasoning outlined. If they didn’t, one would need to sue, rather than have to fight it in a criminal, rather than civil, context. – AR10 ghiliesuit & camouflage clothing | Just another WordPress site Auditors Refuse To Sign Off MoD Accounts AR-15 Did Friendly Fire Kill Counter-IED Soldier? firearms accessories training » 2007 » March camouflage » Blog Archive » Navy Is A ‘Family Affair’ flashlights
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