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Re: I wouldn't be surprised if I decide I need one of these.....
Posted: Thu, 24 Feb 2011 11:28:33
by dorminWS
Well, while I am philosophically sympathetic to the argument that the 2nd Amendment right is unqualified and should include ALL arms of ALL kinds, from a pragmatic standpoint this is a no-brainer. I certainly feel like I've got too much to lose to risk a federal firearms felony just so I could fire a gun faster than I could pay for the ammo.
I can have all the fun I can stand with a semi-auto; thankyouverymuch.
Re: I wouldn't be surprised if I decide I need one of these.....
Posted: Thu, 24 Feb 2011 16:37:28
by davasmith
There is another option not spoken of here. A trust in which the gun is registered can be kept in a family so long as the trust has all family members included. They are inexpensive to start up and maintain, and you never have to refile or re-register the weapon again. It's a simple solution to a complex situation if you don't have the right papers.
As far as "finding" or "unearthing" a registerable weapon, you better turn it into the nearest fbi or atf associate as soon as they open the doors. Just having it in your possession is a felony.
Re: I wouldn't be surprised if I decide I need one of these.....
Posted: Thu, 24 Feb 2011 16:48:13
by gunderwood
davasmith wrote:There is another option not spoken of here. A trust in which the gun is registered can be kept in a family so long as the trust has all family members included. They are inexpensive to start up and maintain, and you never have to refile or re-register the weapon again. It's a simple solution to a complex situation if you don't have the right papers.
It depends on the trust, but most are revocable living trusts. They dissolve when the granters die, but the benefit is that they can be altered.
davasmith wrote:As far as "finding" or "unearthing" a registerable weapon, you better turn it into the nearest fbi or atf associate as soon as they open the doors. Just having it in your possession is a felony.
There no longer is any such thing as a registrable machine gun. Unlike silencers/suppressors (choose your term of choice), SBRs, AOWs, etc. if a machine gun is not already registered it is illegal for private possession period. There is no way to come into compliance with the law even if you otherwise would meet all the requirements. I.e. it either is registered already or it isn't and there is no way to move it to the registered column.
Edit: Manufacturers and demos aside.
Re: I wouldn't be surprised if I decide I need one of these.....
Posted: Fri, 25 Feb 2011 02:35:21
by Diomed
If you find a machinegun, look for paperwork. Anything that is from the federal government and identifies the firearm is proof of registration, including capture papers. You'll have to go to court to force its addition to the NFRTR, but there's enough judicial precedent that it's not a risk.
You could roll the dice and wait for another amnesty, but there won't be one before 2013, depending on how the election goes.
gunderwood wrote:There no longer is any such thing as a registrable machine gun. Unlike silencers/suppressors (choose your term of choice), SBRs, AOWs, etc. if a machine gun is not already registered it is illegal for private possession period. There is no way to come into compliance with the law even if you otherwise would meet all the requirements. I.e. it either is registered already or it isn't and there is no way to move it to the registered column.
Edit: Manufacturers and demos aside.
No extant NFA device can be registered except by the government. While some devices can be removed from the purview of the law (typically by removing and discarding the barrels), silencers and machineguns can only be made legal by destroying them or giving them to the government. If the situation arises, consider whether the firearm at issue may have been stolen - yes, stolen machineguns do get returned to their rightful owners when recovered, so cutting up someone's stolen gun is a real ass-hole thing to do.
Prior to 1968, you could register existing firearms (and what had to be registered was far less extensive). The NFA of 1934 was actually a much better law from our perspective than the NFA of 1968.
Re: I wouldn't be surprised if I decide I need one of these.....
Posted: Fri, 25 Feb 2011 07:36:38
by gunderwood
Diomed wrote:No extant NFA device can be registered except by the government. While some devices can be removed from the purview of the law (typically by removing and discarding the barrels), silencers and machineguns can only be made legal by destroying them or giving them to the government. If the situation arises, consider whether the firearm at issue may have been stolen - yes, stolen machineguns do get returned to their rightful owners when recovered, so cutting up someone's stolen gun is a real ass-hole thing to do.
Prior to 1968, you could register existing firearms (and what had to be registered was far less extensive). The NFA of 1934 was actually a much better law from our perspective than the NFA of 1968.
Thanks for the correction. I didn't realize old silencers could not be made legal either. Is that a fallout of how they defined them as "firearms?"
Re: I wouldn't be surprised if I decide I need one of these.....
Posted: Sun, 27 Feb 2011 02:45:34
by Diomed
gunderwood wrote:Thanks for the correction. I didn't realize old silencers could not be made legal either. Is that a fallout of how they defined them as "firearms?"
In a way, yes. Starting in 1986, all parts of a silencer have been treated as a silencer - the tube, the baffles (and/or wipes), even the endcaps. Since an existing NFA device can't be registered, there's no way to make a silencer legal without destroying it. It's also why possession of replacement silencer parts, or making replacement parts even for a lawfully owned can, without a license is illegal.