The ATF May Have Accidentally Thrown Open the Machine Gun Registry

[Younggun]

So leaving words out and definitions are simply a "technicality"?


That could have some far reaching implications.

 

[grumper]

So leaving words out and definitions are simply a "technicality"?

Yes. It's obvious the spirit of the law was meant to apply to any individual or entity that can possess, transfer, or manufacture firearms. The revenue code DOES list trusts as being able to own, manufacture, transfer NFA devices in the relevant statutes. The Gun Control Act of 1968 DOES NOT. I doubt the intention of Congress was to specifically exempt trusts from the law. So it is a technicality based on accidental omission.

If it goes to court who knows what the judge will rule, maybe he will side with form 1 applicants and go with what is written in the letter of the law (if he follows a literal interpretation of the law a trust may pay the tax and manufacture a MG under the NFA, but never take possession of it because a trustee is just an ordinary individual under the GCA). Maybe he will expand persons saying it is in the spirit of the law. Or maybe he will say screw all this the law is arbitrary and capricious, conflicts with an earlier revenue law, vacate 922o and since it's Congress' fault they need to fix it (which would be the correct way).

 

[matefrio]

If you got an approved form\stamp would you send it back?

 

[Southpaw]

If you got an approved form\stamp would you send it back?

And would there be any legal issues if you did not? Seems like there wouldn't be which would explain their overly anxious demeanor in asking for them back.

 

[grumper]

At least 2 people have already built new MGs in early August before ATF started asking for stamps back.

 

[Vaquero]

I lol'd
This is some good stuff.

 

[Dawico]

Very entertaining. I am curious to see how it plays out.

 

[Jakashh]

At least 2 people have already built new MGs in early August before ATF started asking for stamps back.

How did that go for them

 

[Mexican_Hippie]

Lol

 

[Shady]

I like the hilarity that people actually think they are going to let the masses start building full auto's in a time they are saying a telescopic butt stock makes a simi auto ban able.

I wish I had the time and money to fight if I was one of the lucky guys that got an approval but for me sitting in jail waiting to prove I am in the right just is not worth it to have that fun switch on a gun I made. Its going to cost well over the price of buying most full auto weapons and there is a decent chance you will end up in a cell for at least a while

 

[Shady]

How did that go for them

they do not have internet from the jail cell so we will not know till they get out LOL

 

[Dawico]

If their forms were approved how could they be arrested?

Well, I guess I know the answer to that.

 

[Renegade]

This silliness happens every few years.

It is amazing how easy it is to troll folks claiming to have an approved form 1 for a MG.

 

[Das Jared]

So, joking aside, did those people with approved form 1 machine guns go to jail or get arrested, yes or no

sent from Jennifer Lawrence's bedroom

 

[Renegade]

So, joking aside, did those people with approved form 1 machine guns go to jail or get arrested, yes or no

They do not have one.

 

[Younggun]

They do not have one.

So you are saying the approved form 1 I have in my hand for my MG build does not exist? You're calling me a liar?!


Just for that, you don't get to shoot my M2!

 

[grumper]

They do not have one.

Normally I'd agree but this time we have an audio recording where a NFA branch examiner admitted they sent out a bunch of approved form 1s for MGs and the guy that recorded it wasn't the first one either. So folks that got their forms earlier could have converted their guns before ATF realized they screwed up and started asking for stamps back.

The examiner that was on the audio was the same one who called me to ask what the correct barrel length on my Stemple 76/45 was because the latest form 4 didn't match the original form 2. The voice sounded the same so I think it's a genuine recording.

 

[Renegade]

Normally I'd agree but this time we have an audio recording where a NFA branch examiner admitted they sent out a bunch of approved form 1s for MGs and the guy that recorded it wasn't the first one either.

This happens from time to time. Mistakes are made. Hundreds of thousands of forms get processed, sometimes a few can slip through that shouldn't. They catch them and want them back. What is going on here is the claim the Form 1's are NOT errors, but are valid.

I have forms approved with no stamp, stamped forms with no sig, You name it I have seen it. What I have not seen is a valid Form 1 for a post-86 MG.