Posted on 10/19/2018 12:07:06 PM PDT by Kid Shelleen
A 70-year-old Texas man was sentenced to more than seven years in prison after pleading guilty to buying an automatic rifle in the 1980s, CBS station KTVT reports. Alfred Pick of Plano purchased the M14 rifle at a gun show that was similar to the weapon he had as an Army lieutenant in the Vietnam War.
"This gun was very rare," Pick attorney Ryne Sandel told KTVT. "You see, at that time it was rare to see one, so he instantly, you know, had a connection to it."
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives raided Pick's house last year on a tip about the weapon, KTVT reports. Two weeks before the raid, his wife of 40 years had died of cancer, according to the station.
Pick and his wife had a gun collection of about 14 weapons, Sandel said. "Many of them were collector's items," he said
(Excerpt) Read more at cbsnews.com ...
You are not worth engaging for any reason.
Adios MF!
Actually, I think it was.
US v. Miller in 1939 was a decision of the Supreme Court arising from the dismissal of charges against Miller by the District Court for having a short-barreled shotgun without the NFA required tax stamp. The District Court had dismissed charges due to the Second Amendment.
The prosecution made two claims. First was that Miller was not protected by the Second Amendment because he was not a member of a Militia. Second was that the "arm" was not useful to a Militia and therefor the protection of the Second Amendment did not extend to such a weapon.
The Supreme Court could have reversed the lower court decision by simply noting that Miller was not a member of a Militia and thus that his possession of weapons, regardless of the type of weapon, was not protected. THEY DID NOT DO THIS.
Instead, the Court reversed and remanded the case back to the lower court. They ruled that they had no "judicial notice" that a short-barreled shotgun was useful to a Militia and thus the lower court would presumably need to address that issue.
Miller and his fellow defendant either disappeared or died and no further action was taken.
Obviously, an automatic M14 is useful to a Militia or an Army and, had it been the weapon at issue in the Miller case, the lower court would have to have found in favor of Miller.
The reason that you and many other people are mistaken about the Miller case and the status of the National Firearms Act is that the various courts of the land who later cited the case LIED about the outcome, insisting that the Second Amendment only protects a "collective right" of Militias and not an individual right.
Nothing in the more recent Heller and McDonald cases caused a conflict with Miller because THERE IS NO CONFLICT. Heller simply expanded Miller to cover both weapons useful to a Militia and those which are useful for self-defense. There are interesting days ahead for the anti-gun crowd.
One little-noticed case was Caetano which the Supreme Court addressed without, I think, any kind of hearing. The Court simply directed the Massachusetts Supreme Court to reconsider Caetano's case in light of Heller.
Of interest is the fact that Caetano was convicted of carrying a stun gun (perhaps a taser) in public in violation of Massachusetts' laws. I believe that charges against her were finally dismissed.
The most common theory I have heard regarding why the Supreme Court has not taken a Second Amendment case recently is that Kennedy was not a sure vote in favor of the right. Now, finally, we may be in a position to get some really interesting decisions regarding the Second Amendment.
Given that it was confiscation of arms outside Boston which precipitated the American Revolution, I can see no way to justify any government requirement to have a serial number on a firearm or any justification for government to have any record of firearm ownership or any justification for licensing manufacturers or dealers. Once that is gone, almost all other gun laws become unenforceable.
Everything is in the wording of the law gives one the warning that a shotgun barrel be "not less than 18 inches" which means in fact that you had better make sure that the Breech-face to muzzle tip had better be longer than 18.00 inches, for a length very close will be subject to the interpretation of the examining officer alone, not yours. Only a fool would possess such a firearm, which could conceivably mean merely having it in your hands, even if passed to you by a Federal officer or other LEO who him/herself may legally possess it. You do not have to own the weapon to be considered breaking the law. Merely handling it will do, especially if you leave your fingerprints on it.
The same principle would have applied to the subject of this article. Keeping it in a locked safe means nothing to the law. But it does certainly mean that the vet possessed it.
“Only a fool would possess such a firearm, which could conceivably mean merely having it in your hands, even if passed to you by a Federal officer or other LEO who him/herself may legally possess it.”
I know breaking the law is wrong. And I don’t advocate it.
Have you ever in your life driven 66 mph in a 65 mph zone?
I see you earned your handle.
This is crazy.
Thanks for the crash course on tyranny. A few hundred years ago you would have made a good Redcoat.
Maybe the ATF is hiring?
Truth bump!
Not quite sure about this statement. It implies that the veteran would have been OK possessing “an unregistered serial-defaced automatic weapon” if he had a Class 3 Federal Firearms License.
I don't think a Class 3 License allows for the possession of serial-defaced weapons, or the possession of unregistered automatic weapons - by the veteran or anyone else.
Further, the statement may imply - doesn't say it outright -
that a person needs a Class 3 Federal Firearms License to legally own an automatic weapon.
That is not my understanding. To legally own a machine gun, a person does have to complete a lot of paperwork ( two original copies of ATF Form 5320.4, often called Form 4 and two FBI/NFA fingerprint cards, and ATF 5330.20 citizenship certification) and wait for ATF to approve by attaching the $200 tax stamp.
If the “person” is a corporation or trust the paperwork is a little different but I don't keep up with those details. A machine gun dealer must have a federal firearms license, but a non-dealing person legally purchasing a machine gun does not need a Class 3 Federal Firearms License - just has to jump through the hoops and pay the tax.
I’ll avoid the perjoratives and avoid name calling. Bullies do that.
So, what is your suggestion? How do you suggest that the infringements to the Constitution find redress?
Trust me, we share the same goal, maybe with some variation. I suggest you speak up to your elected Representatives, inform them, vote for ones you agree with. But believe me, the laws on the books are enforceable. Like it or not.
Afa joining the BATFE, nope, to old and not redcoat? Good thing I have dealt with better.
I obey the laws, work to over turn those I disagree with, and make my voice heard. Is you phone number on speed dial with your representatives? Mine is, on a few state and federal.
While you use perjoratives, I’ll bless you. Peace to you and yours.
I believe you are quite right. I formulated the sentence in this form to include at least three violations of federal law. What makes the irregularity of a ground-off or illegible manufacturer's serial number unlawful is possessing the defaced article; that is, having it in one's control, care, and keeping, By having it within one's purview, he/she also has accountability for being knowledgeable of its state and condition. That does not necessarily mean having title or ownership of the item. It could be keeping it secure as a favor to its owner, even overnighty.
As I read it, the purpose of the class 3 license is that it permits one to lawfully possess a firearm covered by the law. If one has an unlawful firearm in his possession without promptly notifying the authorities and surrendering it to them when requested, my understanding is that the possessor is then subject to citation for the infraction, as well as having the item confiscated.
I would be pleased for you to correct me if this sense of liability is wrongly perceived.
As a side-note, it just happens that I was watching the old movie “Cat Ballou” last night, with Lee Marvin and Jane Fonda. Too bad she turned Marxist. Quite attractive, at the time.
Great movie in part because of Hanoi Jane. But in large part because of the rest of the cast. Lee Marvin and others, I have noticed lately that lots of movies I really like have a great supporting cast.
The Second Amendment does not provide such an excuse for upholding a criminal act, as it is applied at this time.
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With all due respect, I don’t agree with anything you said. Setting the 2nd Amendment aside, Courts permit “extenuating circumstances” to be considered in the “punishment phase” every day. I think his Silver Star should have been considered. I think his 100 combat missions should have been considered. That he’s been a fastidious conservator and custodian of the weapon for 30 years should have been considered. That his wife of decades just died should have been considered. As a Vietnam era veteran, I think his service in that war should be considered.
I also think he could appeal on at least 4 grounds, 1. Incompetent counsel 2. 2nd Ammendment 3. The eighth amendment and 4. the 10th amendment.
Instead, this woman judge, who no doubt is a gun grabbing liberal, sentenced this man to a life sentence because of personal feelings and/or delusions about guns. You choose to side with her, I DON”T.
The "plastered" non-saintly Kid Shelleen (Lee Marvin) stood before the casket and sang "Hap-p-py Birth-day to yooo, Hap-p-py Birth-day to yooo!" and blew out the funeral candles. It put my 4, 5, 6, and 7 year-old kids, my wife, and me into such a stitch of hilarity that we never forgot it. For those days of Emily Post/Ann Landers' popularity it was so indecorous as to be totally outrageous.
(Not so anymore, I guess. Watching it again 50 years later was not quite as funny as I expected it to be. Today's plethora of deliberately bad manners has made it trite. Sadly.)
You have chosen to side with the perpetrator, overstating both his prior record and gilding his unlawful behavior in this matter, calling him "a fastidious conservator and custodian of the weapon." That's totally asinine, IMHO. The proper custodian of this unlawfully defaced M14 was/is the U. S. Armory at Aniston, the proper agent to determine its disposition. Any person still upholding the honor of accepting a commission would know that, would fulfill the trust placed in him, and would see that it was reported and properly restored to the original owner, U. S. Army Ordnance.
Instead, he chose to illegally purchase it, unlawfully hide it until his secret was revealed by bragging, the weapon confiscated, he being given a fair trial, and sentenced for his abuse of the trust placed in him. Apparently, your perception of honesty and fidelity has been inverted by whatever brainwashing that you have subscribed to.
And I do care that your opinion has been so bent as to be useless in a reasonable discussion.
Actually, now that his wife has passed, he will be getting his Social Security, three squares a day, a place to bunk for nothing, probably rental from his home, and seven years to reevaluate his system of beliefs and priorities. At 77, he will still be pretty young in today’s terms (I’m 82, and busy every day with internet activity, Bible study, keeping my property up, and helping out other veterans through the DAV and VA Volunteer Service). There’s no reason that he cannot resume his normal community life after he pays his dues. The photo in the article makes him look pretty fit. This could be a learning experience for you, too, if you let it.
Apparently, your perception of honesty and fidelity has been inverted by whatever brainwashing that you have subscribed to.
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And I do care that your opinion has been so bent as to be useless in a reasonable discussion.
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My “perception of “honesty” and “fidelity” when it comes to public officials has indeed washed my brain. Eric Holder, The Clintons, Pelosi, Reid, Schumer, Lynch, Rosenstein, Sessions, Obama, Rinos, McConnell....just to name a few among many are fine examples of my diminished respect for government officials which is an opinion shared by most on FR I think but obviously not you.
Around my neighborhood, we’ve sent judges to prison very recently too, so, NO, I don’t share your asinine statement that a judge automatically is better informed than EVERYONE else ergo his/her rulings should always remain beyond question and be obeyed like him/her was an emperor rather than a lawyer with a black robe on... ....particularly when sending an old man to prison for LIFE. By the way, I also don’t share your myopic opinion that he will grow and learn and have fun in prison. Maybe you should volunteer to spend a month in one. It might re- affirm your opinion.
Finally, since my opinions are useless to you, let’s let this be the end of our discussion.
Not just possess - a federal class 3 license allows a person to have a going-business concern that deals in full-auto firearms.
To simply buy (within state), own, and possess a full auto firearm - that can be done on a Form 4 (which the federal government must approve and attach a $200 tax stamp). State law permitting I should add.
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