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ATF and Unincorporated Trusts
ARFCOM ^ | 9-11-2014 | Dead corpse

Posted on 09/11/2014 11:19:26 AM PDT by Dead Corpse

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To: Ouderkirk

Because they’ll meet your unapproved MG ownership with orders of magnitude more and the intent to use them.


21 posted on 09/11/2014 12:26:36 PM PDT by ctdonath2 (Solve problems, don't bitch about them.)
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To: ctdonath2

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...


22 posted on 09/11/2014 12:30:52 PM PDT by Dead Corpse (A Psalm in napalm...)
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To: petro45acp

Still legal for pre-86 transfers.

This would open up post-86 manufacturing to pretty much everyone with $200.


23 posted on 09/11/2014 12:34:14 PM PDT by Dead Corpse (A Psalm in napalm...)
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To: RitchieAprile

I’ve fired a number of legal full auto toys. Including a G18.

Not as bad as you might think.


24 posted on 09/11/2014 12:35:38 PM PDT by Dead Corpse (A Psalm in napalm...)
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To: expat2

It’s a lot of fun though...

And yes, it has a place. Both in shooting sports and for civilian militia/official military use.


25 posted on 09/11/2014 12:46:38 PM PDT by Dead Corpse (A Psalm in napalm...)
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To: ctdonath2

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?


26 posted on 09/11/2014 1:18:04 PM PDT by RitchieAprile
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To: Joe Brower

No letters yet ...... Thanks for the heads up Joe !


27 posted on 09/11/2014 2:56:45 PM PDT by Squantos ( Be polite, be professional, but have a plan to kill everyone you meet ...)
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To: Dead Corpse

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.


28 posted on 09/11/2014 4:26:34 PM PDT by Dead Corpse (A Psalm in napalm...)
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To: Dead Corpse

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.”


29 posted on 09/11/2014 4:28:04 PM PDT by Dead Corpse (A Psalm in napalm...)
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To: RitchieAprile

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).


30 posted on 09/11/2014 5:11:12 PM PDT by ctdonath2 (Solve problems, don't bitch about them.)
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To: Dead Corpse

Looks like the issue is spreading...

http://www.thefirearmblog.com/blog/2014/09/11/atf-approves-post-86-machine-gun-form-1/?utm_source=rss&utm_medium=rss&utm_campaign=rss


31 posted on 09/11/2014 6:00:39 PM PDT by Dead Corpse (A Psalm in napalm...)
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To: Dead Corpse; Joe Brower
This is one reason why it's often a good idea to own NFA stuff under an LLC as opposed to a trust.

A Limited Liability CORPORATION is a person - by law.

32 posted on 09/12/2014 6:36:22 AM PDT by AAABEST (Et lux in tenebris lucet: et tenebrae eam non comprehenderunt)
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To: AAABEST
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.

33 posted on 09/12/2014 6:53:41 AM PDT by Dead Corpse (A Psalm in napalm...)
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To: Dead Corpse; AAABEST
Right, right.. .that's how I understand it too. Since Trusts are _not_ people, they can make all the FA guns they want. At least, that's how this twist in the regs is playing out, and why the BATFE is having fits.

Poor babies. $:-)

34 posted on 09/12/2014 7:06:13 AM PDT by Joe Brower (The "American People" are no longer capable of self-governance.)
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To: Joe Brower

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.


35 posted on 09/12/2014 7:09:32 AM PDT by NorthMountain
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To: NorthMountain
No argument there.

It certainly is a challenge trying to live free in an unfree world.

36 posted on 09/12/2014 7:15:04 AM PDT by Joe Brower (The "American People" are no longer capable of self-governance.)
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To: Joe Brower

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”?


37 posted on 09/12/2014 8:16:53 AM PDT by Dead Corpse (A Psalm in napalm...)
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To: Joe Brower

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.


38 posted on 09/12/2014 5:09:03 PM PDT by Dead Corpse (A Psalm in napalm...)
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To: The Toll

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.


39 posted on 09/13/2014 11:32:25 AM PDT by BCR #226 (02/07 SOT www.extremefirepower.com...The BS stops when the hammer drops.)
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To: BCR #226

Maybe my opinion is skewed by my experience here in Georgia. As of late it’s been all about silencers and SBRs.


40 posted on 09/13/2014 11:34:46 AM PDT by The Toll
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