Posted on 09/11/2014 11:19:26 AM PDT by Dead Corpse
Ok folks...
Most of us are aware of the NFA of 1934 and the raft of unConstitutional regulations that have followed in it's wake.
Lots of people have gone through extraordinary lengths to comply with, rather than fight, the Federal government.
Latest version of this fight is unincorporated trusts. Class III firearms can be transferred into and out of a trust easier than any other still legal method. Recently, the BATFE ruled that unincorporated trusts do not meet the legal definition of a person.
Loophole generated.
922o states that People cannot manufacture new firearms post 1986. If a trust isn't a person, by the BATFE's own definition, then they should be able to fill out the Form 1 paperwork AS THE TRUST to manufacture/convert a firearm to a Class 3.
Several people have now done this, and been APPROVED.
http://www.ar15.com/forums/t_1_5/1624460_ATF_ruling_may_have_opened_door_to_new_machine_guns__Pg9_Form_1_APPROVED_Pg18_ATF_call_audio.html&page=1
Someone at the BATFE must have realized the poop-storm they just created because just this week phone calls and letters went out revoking, possibly, hundreds of already approved Form 1's for new Class 3 firearms.
Now, we have this...
http://blog.princelaw.com/2014/09/11/did-atf-approve-your-making-of-a-new-machinegun-and-then-rescind-it-contact-us-to-discuss/
Folks over on ARFCOM a still trying to get their ducks lined up. I have no financial interest in this, am not a member of Prince Law firm, and am a member on ARFCOM but with no other legal or financial ties to that website. Consider that as much of a legal disclaimer I can think of without actually consulting a lawyer.
If you own Class 3 firearms, were one of those who tried to exploit the loophole, or otherwise have an interest in this... The above links have the pertinent info to get involved.
FReegards,
Dead Corpse Gun Nut and wanna-be Class 3 owner
Because they’ll meet your unapproved MG ownership with orders of magnitude more and the intent to use them.
I may, or may not, know someone who has the Glock backplate mod blueprints you are talking about. Lightning link plans too.
Note: this person is NOT me...
Still legal for pre-86 transfers.
This would open up post-86 manufacturing to pretty much everyone with $200.
I’ve fired a number of legal full auto toys. Including a G18.
Not as bad as you might think.
It’s a lot of fun though...
And yes, it has a place. Both in shooting sports and for civilian militia/official military use.
you’re projecting. I merely asked of what use would it be and you reply with snide remarks about what I may or may not know.
Why not just helpfully add information, instead of launching a personal attack?
No letters yet ...... Thanks for the heads up Joe !
Update from someone who eFiled.
“
They just kicked back my eForm1 in less than 24hrs, so they are staying on top of them it seems.
It was disapproved by Tim Clutter(or the best I can tell)
The reason given:
RESTRICTED REGISTRATION-Possession limited to continued compliace with provisions of Puplic Law 99-308.
THE GUN CONTROL ACT OF 1968(GCA), AS AMENDED, PROHIBITS ANY PERSON FROM POSSESSING A MACHINEGUN NOT LAWFULLY POSSESSED AND REGISTERED PRIOR TO MAY 19, 1986. SEE 18 U.S.C. 922(O). THE GCA DEFINES THE TERM “PERSON” TO “INCLUDE ANY INDIVIDUAL, CORPORATION, COMPANY, ASSOCIATION, FIRM, PARTNERSHIP, SOCIETY, OR JOINT STOCK COMPANY.” SEE 18 U.S.C. 921(A)(1). pursuant TO THE NFA 26 U.S.C. 5822 AND IMPLEMENTING REGULATIONS, 27 C.F.R.479.105(A), ATF MAY NOT APPROVE ANY PRIVATE PERSON’S APPLICATION TO MAKE AND REGISTER A MACHINE GUN AFTER MAY 19,1986.
THE FACT THAT AN UNINCORPORATED TRUST IS NOT INCLUDED IN THE DEFINITION OF “PERSON” UNDER THE GCA DOES NOT MEAT THAT INDIVIDUAL MAY AVOID LIABILITY UNDER SECTION 922(O) BY PLACING A MACHINE GUN “IN TRUST”. CONSEQUENTLY, IN TERMS OF AN UNINCORPORATED TRUST, ATF MUST DISREGARD SUCH A NON-ENTITY UNDER THE GCA AND CONSIDER THE INDIVIDUAL ACTING ON BEHALF OF THE TRUST TO BE THE PROPOSED MAKER/POSSESSOR OF THE MACHINEGUN.
“
So... They are saying, “just because it’s legal, doesn’t mean we’re going to let you do it... Even though our previous finding said you could, and our new stance violates previous rulings regarding SOT manufacturers.”
I just responded to what I perceived as a snide remark and personal attack. The post started from a perception of no purpose and uncontrollable.
Sure there are purposes (say, clearing a room very fast).
Sure it’s controllable (wouldn’t be sold if not).
Looks like the issue is spreading...
A Limited Liability CORPORATION is a person - by law.
Meaning post-86 toys are off limits unless you are an SOT.
A UT, by definition NOT a person according to the BATFE, CAN own Class III post-86 firearms.
Hence all the excitement. The ATF can't arbitrarily change the definitions without getting new legislation. So their initial approval, and subsequent attempt at revocation, is kind of a huge deal.
Poor babies. $:-)
What’s really needed here is REPEAL.
Repeal NFA ‘34, GCA ‘68, and FOPA ‘86. They’re all unconstitutional. And they’re bad public policy. They all need to be eliminated.
It certainly is a challenge trying to live free in an unfree world.
I almost feel bad for them...
Or, not.
From a strict Constitutional sense, they lost any legitimacy to exist when they were moved under the auspices of the DoJ. Since when does the DoJ collect “taxes”?
Apparently, there are now reports of some folks who had their Form 1’s approved that have built machine guns already.
There are now a number of lawyers gathering data for when the ATF tries their next move.
Don’t know where you get the “there isn’t much interest in full auto” line. We do a booming business in rentals and the customers all want their own.
Maybe my opinion is skewed by my experience here in Georgia. As of late it’s been all about silencers and SBRs.
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