Posted July 31st, 2010 by admin

There are several solutions to the law enforcement certification problem. They all require persistence, but less work than being a legitimate NFA dealer, in my opinion. Becoming a class 3 dealer is one solution though. Another solution is to be incorporated. If you are a professional and are already incorporated for your job (doctor, lawyer) your corporation can buy NFA weapons, and the photo, police signoff and fingerprints are not needed. Just a Form 4. The corporation might be buying weapons for an investment, or for security, or for another good reason. You could incorporate yourself just to get NFA weapons also, although you should talk to a lawyer or another knowledgeable person about the downsides of being incorporated before just doing it. As the weapons are registered to the company, and not the owner of the company, they will have to be transferred out, tax paid (unless the transfer is otherwise exempt from the tax, ie from a government entity, or for an unservicable weapon), if the corporation is ever dissolved. As corporate assets, creditors might get them in the event of bankruptcy of the corporation, or a judgment against the corporation. In my opinion the best thing is to have the weapons owned and registered to the person who actually owns them, and not an intermediary. I also am aware that in some areas of the country the incorporation route may be the only way to own NFA weapons, as a practical matter. Also be aware that corporations have no 4th amendment right against self-incrimination, and the restrictions the NFA places on the use of information provided to ATF under the Act (26 USC sec. 5844) only apply to information provided by natural persons, not corporations. You are giving up some of the privacy provided by law to flesh and blood people when you acquire your guns through a corporation.


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Posted July 31st, 2010 by admin

In all likelihood 18 USC sec. 922(o), the ban on civilian possession of machine guns registered after the law took effect, or never registered, precludes an Amnesty (as provided for under existing law) for machine guns. You could register it, and comply with the NFA, but you would still be in violation of sec. 922(o), because the gun would have been registered after the law took effect. The penalties are the same under either law. One could register all other categories of NFA guns at an Amnesty. Congress could also pass a law providing for an Amnesty, and override 922(o) in that manner.


The definition of “machinegun” in the NFA (26 USC sec. 5845(b)) includes parts to convert a gun into a machine gun. Note that conversion parts are not included in the definition of “firearm” under the Gun Control Act, one of the few things I know of that is a firearm under the NFA, but not the GCA. Thus the purchaser of a conversion part from an FFL need not do a 4473 form, unlike other NFA weapons. Of course the host gun, if purchased from an FFL, will require the 4473. This reading of the law is based on numerous statements from ATF, and the definition of “firearm” under the GCA, which requires it be able to expel a shot. However, at least one very slow judge has decided that somehow the definition of “firearm” in the GCA “incorporates” the definition of “machine gun” under the GCA (even though the law doesn’t say that) and that a machine gun conversion part is a “firearm” under the GCA as well as the NFA. I think the judge is clearly wrong, even ATF reads the law better than that, but the point is to be careful. The case is U.S. v. Hunter, 843 F.Supp 235 (E.D. Mich. 1994), and see also the same judge’s second opinion in the same case, at 863 F.Supp. 462 (E.D. Mich. 1994). These parts are called registered sears, as well as other parts or sets of parts to convert a gun into a machine gun.

Posted July 31st, 2010 by admin

As the sears do turn the host gun into a machine gun, the host gun is no longer regulated as a semi-auto, and is not subject to 18 USC sec. 922(v), (assault weapon law) or sec. 922(r) (ban on domestic assembly from imported parts of an unsporting semi-auto rifle or shotgun), for example. Thus you may put an HK sear in a post 1989 import ban SAR-8 rifle, for instance, and then put a regular pistol grip stock set on that otherwise thumbhole gun, as well as a regular slotted flash hider. The host gun need not even have been on the planet when the sear was made. This is how F.J. Vollmer keeps on cranking out MP-5′s even though the new making of MG’s for civilians was ended in 1986. As long as the sear is in there you may also have the barrel cut down to below 16 inches; a machine gun is not also a short barreled rifle. HOWEVER, if the sear is placed into a second gun, the first gun is no longer a machine gun, and must comply with the laws regulating it as a semi-auto. In my example, the barrel must grow back, and the thumbhole stock needs to return. If the sear in question is a AR-15 Accessories drop-in auto sear, the gun needs to have the M-16 internal parts needed for the sear removed as well, lest it be induced to fire more than one shot at a time, as was done in the U.S. v. Staples case.


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Posted July 31st, 2010 by admin

Additional info sources
One of my main sources of information is a magazine called Machine Gun News. It is quite good for sorting out the intricacies of the law, as well as info on guns, suppressors and other NFA stuff. Well worth a subscription, I think. Costs $34.95 for a 1 year subscription (12 issues) from, P.O. Box 459, Lake Hamilton AR 71951. Or call (501) 525-7514. They can take your MasterCard or Visa over the phone. They also put out a book called the “Machine Gun Dealer’s Bible”, by Dan Shea, for $64.95 plus $4 shipping.


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Posted July 30th, 2010 by admin

26 U.S.C. sec. 5845(f) “The term destructive device means:
1) any explosive, incendiary or poison gas
A) bomb
B) grenade
C) rocket having propellant charge of more than four ounces
D) missile having an explosive or incendiary charge of more than one-quarter ounce
E) mine, or
F) similar device
2) any type of weapon by whatever name known which will, or may be readily converted to, expel a projectile by the action of a explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary or his delegate finds is generally recognized as particularly suitable for sporting purposes; and 3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled. The term ‘destructive device’ shall not include any device which is neither designed nor redesigned for use as a weapon; any device although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device; surplus ordnance sold, loaned or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685 or 4686 of title 10 of the United States Code; or any other device which the Secretary of the Treasury or his delegate finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.”



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Posted July 29th, 2010 by admin

* 1) Is the weapon both not a pistol or revolver, and capable of being concealed on the person?
* 2) Or is it a smooth bore pistol or revolver? Examples of this include the H&R Handy-Gun, or Ithaca Auto-Burglar gun. This does not include weapons made from a shotgun. That would be a short barreled shotgun. The receiver of a smooth bore pistol, in order to be an AOW, must not have had a shoulder stock attached to it, ever. The shoulder stock attachment deal on some H&R Handy Guns, with a stock, will make them into a short barreled shotgun.
* 3) Or is it a combination gun, a shoulder fired gun with both rifled and smooth barrels between 12″ and 18″ long, and which has to be manually reloaded? Examples of this include the M-6 military survival gun, with a single shot barrel in .22 Hornet, and a companion .410 shotgun barrel, as well as some models of the Marble’s Game Getter.

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Posted July 29th, 2010 by admin

A class 1 or 2 SOT may also deal in NFA firearms. A class 3 SOT costs $500 a year, due each July 1. A class 1 or 2 SOT costs $1000 a year, except that SOT’s who did less than $500,000 in gross receipts in business the previous year qualify for a reduced rate of $500 per year, also due July 1. One must also have the appropriate FFL to engage in the specific activity, as well as the SOT. This is because most NFA weapons are also title 1 weapons, and thus both the law regulating title 1 weapons (the GCA) and title 2 weapons (the NFA) must be complied with. As with the privacy of Registry information and transfer information, SOT status is also protected tax information, and ATF will not release lists of SOT holders, as they will of FFL holders.

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There are several solutions to the law enforcement certification problem. They all require persistence, but less work than being a legitimate NFA dealer, in my opinion.

Posted July 29th, 2010 by admin

27 CFR Sec. 178.39a Reporting theft or loss of firearms. Each licensee shall report the theft or loss of a firearm from the licensee’s inventory (including any firearm which has been transferred from the licensee’s inventory to a personal collection and held as a personal firearm for at least 1 year), or from the collection of a licensed collector, within 48 hours after the theft or loss is discovered. Licensees shall report thefts or losses by telephoning 1-800-800-3855 (nationwide toll free number) and by preparing ATF Form 3310.11, Federal Firearms Licensee Theft/Loss Report, in accordance with the instructions on the form. The original of the report shall be forwarded to the office specified thereon, and Copy 1 shall be retained by the licensee as part of the licensee’s permanent records. Theft or loss of any firearm shall also be reported to the appropriate local authorities. Sec. 178.129 Record retention. * * * * * (b) Firearms transaction record, statement of intent to obtain a handgun, reports of multiple sales or other disposition of pistols and revolvers, and reports of theft or loss of firearms. * * * * * * Licensees shall retain each copy of Form 3310.11 (Federal Firearms Licensee Theft/Loss Report) for a period of not less than 5 years after the date the theft or loss was reported to ATF.

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Posted July 28th, 2010 by admin

AMNESTIES FOR UNREGISTERED NFA WEAPONS


In every case, the part(s) are installed into a semi-automatic gun, and without any alteration to the semi-auto gun’s receiver, the new part(s) will allow the gun to fire as a machine gun. As a general rule a sear conversion is less desirable than an original gun, or a registered receiver conversion. This is because if the registered part breaks or wears out it cannot be replaced, only repaired, if possible. BATF considers replacing it with a new part to be the new manufacture of a machine gun, and a civilian could not own it, as it would have been made after the 1986 ban. This wear/breakage thing is also true of the receiver on a gun where that is the registered part, but in general the receiver is less subject to wear or breakage than a small part, like a sear. Being larger, a receiver may also be easier to repair. The sear conversion will most likely not be just like the factory machine gun version; it will be working in the semi-auto version of the gun. A registered receiver conversion can (and should, but isn’t always) be mechanically identical to the original full auto version of the gun, and factory spare parts may be used. Some sear conversions require altered parts, in addition to the registered sear.

Posted July 28th, 2010 by admin

NFA weapons are: machine guns, sound suppressors (a.k.a. silencers), short barreled shotguns, short barreled rifles, destructive devices and “any other weapons”. A machine gun is any gun that can fire more than one shot with a single pull of the trigger, or a receiver of a machine gun, or a combination of parts for assembling a machine gun, or a part or set of parts for converting a gun into a machine gun. A silencer is any device for muffling the gunshot of a portable firearm, or any part exclusively designed or intended for such a device (see discussion below). A short barreled shotgun is any shotgun (shoulder fired, smooth bore) with a barrel of less than 18″ or an overall length of less than 26″, or any weapon made from a shotgun falling into the same length parameters. A short barreled rifle is a rifle (shoulder fired, rifled bore) with a barrel length of less than 16″, or an overall length of less than 26″, or any weapon made from a rifle falling into the same length parameters (like a pistol made from a rifle). In measuring barrel length you do it from the closed breech to the muzzle, see 27 CFR sec. 179.11. To measure overall length do so along, “the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore.” 27 CFR sec. 179.11. On a folding stock weapon you measure with the stock extended, provided the stock is not readily detachable, and the weapon is meant to be fired from the shoulder. A destructive device (DD) is a explosive, incendiary or poison gas weapon, or any firearm with a bore over 1/2″, with exceptions for sporting shotguns, among other things (see discussion below). Any other weapons (AOW’s) are a number of things; smooth bore pistols, any pistol with more than one grip,(but see below) gadget type guns (cane gun, pen gun) and shoulder fired weapons with both rifled and smooth bore barrels between 12″ and 18″, that must be manually reloaded (see discussion below). These definitions are simplified, to see if a specific gun is a title 1 or 2 firearm one needs to refer to the specific definition under the statute(s), and possibly consult with the Technology Branch of ATF. There is also case law on the issue of whether a specific item falls into one of these categories.

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Just another WordPress weblog … Cal. Penal Code Sec. 12020(a) prohibits the possession of, among other things, AOW’s (Any other Weapons) and short shotguns and short rifles.

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Gun accessories and Rifle Stocks » Blog Archive »
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