Monday, June 28, 2010
As this does constitute the addition of existing unregistered weapons to the Registry, in my opinion the Secretary should have used the amnesty procedures in the 1968 GCA. He did not because he did not want folks to be able to register any unregistered NFA weapon, there is not a procedure for limiting the scope of an amnesty (although I suppose the Secretary of the Treasury could have made one up, and let people sue him). However the fact that ATF chose not to either grandfather these shotguns, like they did with the open bolt MAC style semi-autos, or pre 11/81 AR-15 Accessories drop in auto sears, or have an amnesty, and require they be registered, in my opinion will cloud any attempts to prosecute persons possessing these weapons without having registered them.
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