Posted on 06/17/2004 11:57:26 PM PDT by Drammach
I have to imagine that Patrick Henry, the man who said:
"Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense?"; and
"The great object is that every man be armed."; and
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined."; and
"I have now disposed of all my property to my family. There is one thing more I wish I could give them, and that is the Christian religion."; and finally
"Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death!"
...is looking down at the country he help father, with disgust, as tyranny is emanating from a building that bears his name.
Go and read U.S. v. Rock Island Armory for some interesting history surrounding NFA34.
There's another case, the name of which eludes me where a guy built his own. The end result was that because it hadn't crossed state lines, that there was no federal jurisdiction.
That would be Bob Stewart. The case was heard by the 9th Circuit which, incredibly enough, ruled that since he had made his own machine gun there was no Federal jurisdiction.
However these notices are not required to be filed by convicted felons, as that would violate their 5th. Amendment right against self-incrimination.
"I did some terrible things [while president] just because I could....." [Bill Clinton].
There are those who are willing take our liberty, "just because they can".
FMCDH
Well, crap! Then it is a casse of "creeping crud". Thanks for the correction.
Text of rule:
With certain exceptions a firearm may be made by a nonlicensee provided it is not for sale and the maker is not prohibited from possessing firearms. However, a person is prohibited from making a semiautomatic assault weapon or assembling a nonsporting semiautomatic rifle or nonsporting shotgun from imported parts. In addition, the making of an NFA firearm requires a tax payment and approval by ATF. An application to make a machinegun will not be approved unless documentation is submitted showing that the firearm is being made for a federal or state agency. [18 U. S. C. 922( o), (r), (v), and 923, 27 CFR 178.39, 178.40, 178.41 and 179.105]
So, focus your efforts back to fighting the real battle - the AWB sunset!
Ping!
Isn't shooting tyrants with your Homeland Defense/Sport Utility rifle considered sport?
We have got to get rid of this "sporting use" test.
I believe you are correct. This appears to be directed at the "bare receiver + parts kit" crowd, such as the "Build-It-Yourself" guys at AR-15.com and the bunch over at the FAL Files "Gunsmithing" forum. I'll have to cruise around the gun-related message boards and see if this is the prevailing suspicion.
FRegards,
Cloud William (BCR callsign "Dismantler")
(+)
I agree - our constitution makes no distinction. When/where did this 'sporting use' Malarkey start?
VERY interesting case.
One who is a bit daring can, I suppose, manufacture a machinegun without bothering to register it or to ask permission.
Then one can claim that since NFA is not applicable, the only bar is the 1986 law, which is patently un-constitutional, as machineguns are most certainly 'military use' weapons, as contemplated and approved under the 2A.
Of course, the first $300K in legal fees are the hard part.
To answer your question, it started in Nazi Germany, and was imported to the US in the 1968 Gun Control Act by a senator Dodd from CT. I haven't read the laws side by side, but apparently there is a striking similarity between the Nazi weapons law and 1968 GCA that goes well beyond merely the mention of "sporting purpose" as a condition of lawful firearms ownership.
The 3AM raid in which your pregnant wife is beaten into miscarrying and your cat is stomped to death is pretty unsettling too. And the BATFE does those things, though not yet in a single "raid". (Note that the even use the military term for what they do, even though they are allegedly a tax collection agency. )
I don't really have a problem with this, unless the builder is one of "those people" who have a penchant for saying, "Hey, hold my beer and watch this!"
Mark
Sorry, it has to be for everyone, or it can be for no one.
Hopefully, Darwin will take out only the idiots and not innocent bystanders too!
I suspect their justification for doing this is to enforce that prohibition on assembling a non-importable non-sporting purposes weapon from imported parts. It's still a crock.
It would seem to if the parts are imported.
With certain exceptions a firearm may be made by a nonlicensee provided it is not for sale and the maker is not prohibited from possessing firearms. However, a person is prohibited from making a semiautomatic assault weapon or assembling a nonsporting semiautomatic rifle or nonsporting shotgun from imported parts.
That last paragraph is what they are trying to enforce. Sounds like an invitation to self incrimination if you happend to have one less US made part than they require, and they get to define which parts count as not all do.
Not anymore they aren't. When they were moved to Justice from Treasury, they became a law enforcement agency. Of course other than a few laws on the manufacture of alcohol, all the laws they enforce are infringements on the peoples' RKBA, and thus completely unconstitutional. Their tax collection function, primarly on smokes and booze but also on short barrelled fireams and machine guns, remained in treasury. They'll still come stomp on your cat if you fail to pay that tax, which their Treasury brethern won't accept any longer anyway, unless it's for transfer of an existing registered weapon. Actually I'm not sure that the NFA portion of their tax collection function stayed in treasury or not. I'm pretty sure they, BATFE, still maintain (poorly) the registry.
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