Archive for July, 2010
The definition of “machinegun” in the NFA (26 USC sec. 5845(b)) includes parts to convert a gun into a machine gun. Note that conversion parts are not included in the definition of “firearm” under the Gun Control Act, one of the few things I know of that is a firearm under the NFA, but not the GCA. Thus the purchaser of a conversion part from an FFL need not do a 4473 form, unlike other NFA weapons. Of course the host gun, if purchased from an FFL, will require the 4473. This reading of the law is based on numerous statements from ATF, and the definition of “firearm” under the GCA, which requires it be able to expel a shot. However, at least one very slow judge has decided that somehow the definition of “firearm” in the GCA “incorporates” the definition of “machine gun” under the GCA (even though the law doesn’t say that) and that a machine gun conversion part is a “firearm” under the GCA as well as the NFA. I think the judge is clearly wrong, even ATF reads the law better than that, but the point is to be careful. The case is U.S. v. Hunter, 843 F.Supp 235 (E.D. Mich. 1994), and see also the same judge’s second opinion in the same case, at 863 F.Supp. 462 (E.D. Mich. 1994). These parts are called registered sears, as well as other parts or sets of parts to convert a gun into a machine gun.
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“AmeriGlo 4″” Safety Light Stick, Box of 10, 6-Hour: 5 Green 5 Orange”
This certification is not really a big deal for the chief law enforcement officer (CLEO) making it, and it DOES NOT expressly make the CLEO legally responsible for the weapon or your use of it, or its theft. I have not heard of any successful case against a CLEO for signing the certification for a gun that was criminally misused. That is, in my opinion, a spurious excuse for not signing. There is even a case addressing this issue, Searcy v. City of Dayton, 38 F.3d 282 (6th Cir. 1994). The estate of a drug dealer murdered by an off duty Dayton, Ohio, police officer with his personally owned “Mac-11″ machine gun sued the city that employed the cop. One of the grounds for suit was the police chief’s having signed the transfer paperwork for the murder weapon. The court held that that claim should have been dismissed by the trial court; without a showing that somehow the act of signing was negligent, (under Ohio law) and led to the harm (murder) complained of, there was no cause of action. Signing the form was not negligent in itself, nor was it a reckless or wanton act, as the trial court claimed the plaintiff could try to prove at trial. Although this case is only directly binding on the area of the 6th circuit, and need not bind state courts, the court recognized what common sense, and the certification say, the person signing does not open himself up to any liability by doing so.
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Glock Accessories and Sights » Uncategorized
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A Note about NFA Weapons and California
As a general rule the definitions of NFA weapons, as regulated in California, track exactly the federal definitions, and categories.
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KEY
MG – machine gun
SI – sound suppressor (silencer)
SR – short barreled rifle
SG – short shotgun
AOW – any other weapon
LBDD – large bore destructive device
EXPDD – explosive, incendiary or poison gas destructive device
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News and Information On The Latest Military Defense, Law Enforcement, And Tactical Technologies from Around the World
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Defense Review
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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.