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admin — Wed, 01 Sep 2010 15:20:26 +0000

[see 18 USC sec. 923(a), also ATF Form 7 and Form 7CR]

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admin — Wed, 01 Sep 2010 03:18:29 +0000

There are two cases on this issue. The first is Steele v. NFA Branch, 755 F.2d 1410 (11th Cir. 1985), where the 11th circuit federal appeals court said a person trying to transfer a gun to one who was otherwise eligible to own the gun, but could not get the certification from anyone acceptable to ATF, could sue to force the transfer without it. In the case Steele (the transferor in a Form 4 transfer) had not asked everyone acceptable to ATF, as well as not alleged, as part of his case, that the potential transferee was otherwise eligible by law to own the weapon, and the case was disposed of on those grounds. Note that the version of the regulation creating the certification requirement, reproduced in the footnotes of this case, has a different list of acceptable persons. After some were sued in connection with this case, all the federal law enforcement officials were removed from the regulation. Correspondence from ATF indicates they will not designate any federal officials as other acceptable persons either. The Steele decision was followed in the case Westfall v. Miller, 77 F.3d 868 (5th Cir. 1996), in which a transferee, not transferor, sued over non-approval of a Form 4 without the certification. Again Westfall did not ask everyone listed in the regulation. Again his case was thrown out for lack of standing. The court said they could not tell if the reason he couldn’t get the gun was an illegal requirement, the signoff, or his own failure to try and get a signoff.

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7342. Penalty for refusal to permit entry or examination. Any owner of any building or place, or person having the agency or superintendence of the same, who refuses to admit any officer or employee of the Treasury Department acting under the authority of section 7606 (relating to entry of premises for examination of taxable articles) or refuses to permit him to examine such article or articles, shall, for every such refusal, forfeit $500.

admin — Wed, 01 Sep 2010 01:44:33 +0000

As to one who is neither a FFL nor SOT, but only owns weapons regulated under the National Firearms Act, the law seems clear, but practice is a little murky. ATF may only compel you to show an agent upon request the registration paperwork, that is the Form 1, 2, 3, 4, 5 or whatever else might have been used to register the weapon. See 26 USC sec. 5841(e). They do not have any right to compel you to show them the weapon. However they apparently (I have no first hand knowledge) take the position that they can compel one to show ATF the weapon upon request, even if the owner has no FFL. As always the Fourth amendment applies, and ATF may not enter your home or other place of storage of the NFA weapon, nor seize the weapon, without a warrant, or without falling under an exception the Supreme Court has created to the operation of the Fourth amendment. They should also need a warrant to compel a non-FFL holder to show them the weapon, and I would insist upon that, myself.

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Magnification: 10x
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Lens Coating: Blue
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admin — Thu, 26 Aug 2010 04:36:47 +0000

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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admin — Thu, 26 Aug 2010 01:41:32 +0000

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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admin — Wed, 25 Aug 2010 13:01:38 +0000

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However, as most NFA weapons are also regulated by the GCA, purchases from a dealer require the completion of the standard 4473 yellow form, as well as dealer bound book records, and this source of information is not so similarly restricted. ATF may release this information to local law enforcement for a host of law enforcement purposes. (18 USC sec. 923(g)(1)(D)).

admin — Wed, 25 Aug 2010 04:51:46 +0000

Thus the question to be answered in deciding if a weapon is an AOW would be, does it fit into any of the three categories below:

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admin — Tue, 24 Aug 2010 05:01:42 +0000

Short shotguns and short rifles are defined at (c)(1) and (c)(2) respectively; the definitions are essentially the same as federal law. HOWEVER, unlike the feds, California courts have ruled that the length of a rifle with a folding stock is measured with the stock folded, not extended, as the feds do. So a gun that is not a short rifle under federal law may be one under California law. See People v. Rooney, 17 Cal.App.4th 1207 (1 Dist. 1993).

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admin — Mon, 23 Aug 2010 19:52:23 +0000

A violation of 18 USC sec. 922(o) of the GCA can also bring up to a ten year prison sentence, and or a $250,000 fine. Again, prison time is likely, even on a first offense. Using a machine gun or a silencer in a crime can result in a sentencing enhancement of thirty years, even if there is no NFA prosecution. See 18 USC sec. 924.

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admin — Mon, 23 Aug 2010 14:18:55 +0000

# Josh the Impaler purchases a Remington 1100 on July 4, 1994 in order to celebrate Independence Day. A year later, he decides that he would like a pistol grip and folding stock added to make it a better home defense gun. Is this legal? No. The shotgun was complete before The Date, but it was not a SAW before the date, and therefore cannot be modified to a SAW after The Date.

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