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MILWAUKEE (AP) - The National Rifle Association endorsed U.S. Senate candidate Ron Johnson on Tuesday, saying it can trust the Republican newcomer to defend the Second Amendment. The NRA’s Political Victory Fund said Johnson will fight efforts to weaken ...

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Likewise an M-1 carbine receiver and an M-2 carbine receiver are identical, and all the parts to convert a gun from an M-1 to an M-2 are available on the surplus market.

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The classes of SOT holders * importer of NFA firearms * manufacturer of NFA firearms * dealer in NFA firearms-Police release composite sketch of robbery suspect

SureFireKX1 LED Conversion Head

Light emitting diode head that converts aStreamlightE1E incandescent flashlightinto a higher-output, dual-output, longer-running LED Flashlight. It also replaces the KL1 LED head on older versions of the E1L, converting the light to a dual-output flashlightand increasing its maximum output and runtime. The KX1's LED and Total Internal Reflection (TIR) lens produce a tight beam with plenty of reach but enough surround beam to accommodate peripheral vision. The KX1�s maximum output is 45 lumens at its high setting, 3 lumens at its low setting. And it continues producing useful light levels for 40 hours on a single lithium 123A battery . Made of hard-anodized aerospace-grade aluminum, the rugged, durable KX1 is also O-ring sealed and gasketed to keep out moisture, dust, and dirt. The KX1 installs in seconds�simply unscrew and remove E1E's incandescent bezel assembly, or the E1L's KL1 LED head, and screw on the KX1 head. Available in olive drab green only.

See Accessories Below

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UCLA head coach Rick Neuheisel is sticking by the Pistol offense, which he and offensive coordinator Norm Chow installed in the spring after the Bruins struggled in the running game the past two seasons ...

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... the National Rifle Association Political Victory Fund (NRA-PVF) endorsed him for U.S. Senate. In their own press release, the NRA-PVF identified Moran as an unwavering fighter for freedom and Second Amendment ...

GOP candidate Tipton takes campaign to Rifle - The Tribune
RIFLE — Republican state Rep. Scott Tipton is taking advantage of the congressional calendar to continue his effort to unseat Democratic congressman John Salazar. Members of Congress are preparing to ...

Police officer looked like bear in rifle scope: witness - Metronews.ca
GRAND FALLS-WINDSOR, N.L. - The owner of a hunting lodge in central Newfoundland says a re-enactment of Mark Harshbarger's last movements looked through a rifle scope like a black bear. Reginald White made the statement ...

Border agents seize sniper rifle, arrest 2 teens - YourWestValley.com
NOGALES, Ariz. (AP) — Border agents in southeastern Arizona have seized a sniper rifle and arrested two teenagers trying to cross into Mexico with the weapon. The Border Patrol said Thursday that officers working southbound inspections in Nogales on ...

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A rifle and television set were reported stolen from a residence on Hollywood Road on Tuesday night. A Safford officer responded to the residence at about 10:44 p.m., and the victim said the items were stolen sometime within the hour. The rifle is a Savage ...

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In addition, if one is also a SOT, ATF claims to have the right to enter onto your business premises, during business hours, to verify compliance with the NFA.

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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 weapo n law) or sec. 922 ...

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Lindsey is an Amarillo native and has rejoined the ProNews 7 team, and says she is happy to be back in the Panhandle. AMARILLO, TEXAS -- A unloaded handgun was found Thursday inside a locker at Canyon Junior High ...

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McCaffrey finds new role in Portland State’s pistol offense - Oregon Daily Emerald
including a 0-9 mark against teams from the Pac-10 Conference. This week, the Vikings (1-1) will have their hands full with the No. 5 Oregon Ducks in both teams’ final tune-up before starting conference play.

UCLA FOOTBALL NOTEBOOK: Neuheisel is sticking with Pistol - Los Angeles Daily News
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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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Note: these the ones that I know about; there are undoubtedly others of which I am not aware.

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* General Info on NFA weapons
* Obtaining the law enforcement certification
* NFA weapons and the 4th amendment
* NFA weapon amnesties
* Machine gun sears and conversion parts
* DEWATs
* Any other weapons
* Destructive devices
* Sound suppressors (Silencers)
* Short barreled rifles
* Appendix - State NFA restrictions and a note about California ATF Forms, compiled by Trenton Grale

Transporting NFA firearms

In terms of moving the weapons around, the following applies. If you are transporting the weapons within your state, it is wise to keep a photocopy of the registration paperwork, whatever it is, (can be Form 1, 2, 3, 4, 5, or 10, as well as other more exotic forms of registration, except you probably would never have a gun on a Form 10, unless you were the police, in which case no one is likely to hassle you about a gun you might have anyway) with the gun. Federal law does not expressly require it, but it would be foolish not to have ready proof the gun is legal. Many states do require it, they ban all or some NFA weapons, and exempt from the ban those possessed in compliance with federal law. In such a state you need the federal paperwork to be legal under state law. If you were a SOT you should keep a copy of your proof of being an SOT with the paperwork when you move the guns around. But an individual who surrenders his SOT can still have weapons that will be registered on a Form 2 or Form 3 legally, so not having a copy of the SOT with such paperwork proves nothing. You need not ask ATF for permission when you move to a new address within the same state, nor must you advise them of your new address.

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Rohde & Schwarz surprised the test industry in July when it announced its first ever oscilloscopes, which will be on show for visitors to try out at Embedded LIve (October 19-21) in London next month. This is a big ...

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Export/Import

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# Big Bob Bopper finds a respectable dealer at a gun show who is selling "pre-ban AR pistol lowers." The dealer says he bought them before "the Ban" and registered them as pistol lowers, but never built them into anything. Are they pre-ban? No. Are they pistol lowers? Sure...just post-ban pistol AK47. As long as they don't have two or more "Deadly Features" when they are built, they are legal.

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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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Accu-Shot Precision Monopod (BT01) with Quick Knob Option

Accu-Shot patented flagship product first introduced in 2000 now has Steel on Steel threads to insure long-life, tighter tolerances and better accuracy. This basic unit used with a bipod, attaches to your rifle's rear sling stud, providing repeatable elevation adjustments. One piece unit constructed from machined T6061 Hard anodized Aluminum with Grade 8 fasteners and comes ready to attach to your rifle using an Uncle Mikes Swivel. The leg folds up and retracts, allowing the concurrent use of your sling. No tools required. Black only. Made in the U.S.A. Approximate elevation range of 3.4 - 4.5 Approximate weight 4.8 ounces. Consider upgrading with the new Quick Knob (QK01) for faster target acquisition.

--- NOTICE PART BT03 REQUIRED FOR USE WITH M1A/AR FAMILY OF RIFLES---

Quick Knob-Standard Option

The new Standard Quick Knob (QK01) allows quick gross adjustments into the target with a push of a button! The QK01 has a spring loaded button that when depressed allows the operator to slide the knob up or down on the Actuator Rod quickly into the desired sight picture. When the button is released, the fine threads are re-engaged and the operator can make the final adjustments by rotating the QK01 knob. The QK01 works with the Thumbnut to eliminate any tolerance for increased stability. The new QK01 replaces the standard knob on BT01, BT04, BT08 and BT12 providing the same approximate range of elevation. Machined from T6061 Aluminum with a hard anodize finish and steel threads for strength and durability the QK01 is a valued upgrade. When purchased with any of the above noted Accu-Shot monopods the QK01 will be delivered installed.

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A few notes: before November, 1981, BATF did not consider the drop-in AR-15 Accessories sear to be a machine gun in itself, because you had to replace all the internal parts with M-16 parts, as well as install the sear, and thus it didn't convert the AR by itself. However in ATF Ruling 81-4, BATF changed its mind about what a thing had to do in order to be a conversion part, grandfathered all AR sears made before the ruling, and decided all made after that needed to be registered. HOWEVER, the fact that the sear itself, if made before 11/81, and sold through ads in Shotgun News to this day (they sure made a lot of 'em back then, or maybe not) is not required to be registered, DOES NOT mean you may install it in an AR-15 Accessories, or even possess it with an AR-15 Accessories rifle. Either scenario is a machine gun also, and also needs to be registered. Except of course you cannot register it anymore, and thus it is just a millstone, waiting to send you to a federal prosecution. And that exact scenario has been the basis for many prosecutions.

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A DEWAT is an unserviceable gun that has an intact receiver, thus, as of the GCA of 1968, it is a machine gun. In 1955 the ATT decided that a gun that was a registered war souvenir (or for a time, a contraband unregistered gun) could be removed from the coverage of the NFA if it was rendered unserviceable by steel welding the breech closed, and steel welding the barrel to the frame. All this was to be done under the supervision of an ATT inspector. See Revenue Ruling 55-590. The gun became a wall hanger, ornament, like parts sets now. This was not the same as an unserviceable gun, which was still subject to the NFA, but exempt from the transfer tax. These steel welded guns were DEWAT's. DEWAT stands for DEactivated WAr Trophy; it was regularly done for servicemen who wished to bring home NFA war souvenirs. It was also done to WWI and WWII era guns imported as surplus by companies like ARMEX International, and Interarmco, and then sold through the mail in ads in gun magazines. The glory days before 1968. A DEWAT must now be registered to be legal, there is no longer a legal difference between a DEWAT and an unserviceable weapon. A few states only allow individuals to own DEWAT machine guns, Iowa comes to mind.

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Form Title —————————————————————– 6 (5330.3A) – (Part I) Application and Permit for Importation of

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In short, these are serious penalties. NFA regs are a pain, and in my opinion, contrary to the Constitution. Ignore them, and get caught, and you will pay a very high price.

26 USC sec. 5845(a) (3) a rifle having a barrel or barrels less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;

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Form Title

------------------------------------------------------------------

1 (5320.1 ) - Application to Make and Register a Firearm

2 (5320.2 ) - Notice of Firearms Manufactured or Imported

3 (5320.3 ) - Application for Tax-Exempt Transfer of Firearm and

Registration to Special (Occupational) Taxpayer

4 (5320.4 ) - Application for Tax Paid Transfer and Registration

of Firearm

5 (5320.5 ) - Application for Tax Exempt Transfer and

Registration of a Firearm

6 (5330.3A) - (Part I) Application and Permit for Importation of

Firearms, Ammunition and Implements of War

6 (5330.3B) - (Part II) Application and Permit for Importation

of Firearms [military]

6A (5330.3C) - Release and Receipt of Imported Firearms,

Ammunition and Implements of War

7 (5310.12) - Application for License

7CR (5310.16) - Application for License (Collector of Curios and

Relics)

8 (5310.11) - Federal Firearms License

9 (5320.9 ) - Application and Permit for Permanent Exportation of

Firearms

10 (5320.10) - Application for Registration of Firearms Acquired

by Certain Governmental Entities

3310.4 - Report of Multiple Sale or Other Disposition of

Pistols and Revolvers

4473 Pt. I - Firearms Transaction Record - Over the Counter

(5300.9)

4473 Pt. II - Firearms Transaction Record - Non Over the Counter

(5300.9)

5300.34 - Questionnaire for Responsible Persons

5300.35 - Statement of Intent to Obtain a Handgun(s)

5300.36 - Notification of Intent to Apply for a Federal

Firearms License

5300.37 - Certification of Compliance with State and Local

Law

5320.20 - Application to Transport Interstate or to

Temporarily Export Certain National Firearms Act

(NFA) Firearms

5630.6A - Special Tax Stamp [for SOT]

5630.7 - Special Tax Registration and Return: National

Firearms Act (NFA)

------------------------------------------------------------

-

Key to Abbreviations
AOW - any other weapon
ATF - Bureau of Alcohol, Tobacco and Firearms
ATT - Alcohol and Tobacco Tax Division of the IRS, the pre-68 administrators of the NFA
C&R - curio and relic
CFR - Code of Federal Regulations
DD - destructive device
FET - federal excise tax
FFL - federal firearms license
GCA - Gun Control Act
NFA - National Firearms Act
SOT - special (occupational) taxpayer
USC - United States Code
DEWAT - De-activated war trophy

NFA Branch desires that folks who install sears into guns where the sear is not very accessible, HK guns in particular, tell them the make, model and serial number of the gun into which the sear is installed. This makes it easier on them, as they do not have to open the gun up to see the sear, if they know that gun is the one with the sear in it. This is called "marrying" the sear to the gun. It is especially useful when the host semi-auto has been modified so as to make it potentially illegal without the sear, like putting a shoulder stock on an H&K SP-89 pistol, or cutting the barrel of an HK-94 to less than 16 inches. You may "divorce" the two, but don't if the host gun will end up an unregistered short barreled rifle, or other unregistered NFA weapon. Often this marriage info is in box 4(h) on the Form 4, so anyone who looks at the paperwork can see the sear is in that gun; local law enforcement, for instance.

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Nightforce Scopes

In early 1994, ATF decided (in ATF Rulings 94-1 and 94-2) that three 12 gauge shotgun models, the USAS 12, Striker 12, and Street Sweeper, were destructive devices, owing to their non-sporting character, and having a bore over 1/2 inch, as all 12 gauge shotguns do. ATF required owners of these guns to register them, as NFA weapons. This is not exactly an amnesty, as the weapons were not NFA weapons when made. While ATF has not required the payment of the $200 making/transfer tax to register them, they had required the registrant obtain the law enforcement certification on the registration paperwork (Form 1). According to the 7/95 Machine Gun News, NFA Branch has now dropped the requirement for the law enforcement certification on the initial Form 1 registration, subsequent transfers will be by regular NFA procedures. ATF began notifying owners of the guns on 2/1/94 of the classification decision, and gave them 30 days to register the weapon or dispose of it, after notice. Supposedly ATF calculated the 30 days from when the last owner (they could locate) of a weapon was notified. If you purchased the weapon privately, and there was no "forward trace" paper trail, then you may not have known when the 30 days began to run. However according to Machine Gun News, as of 7/95 ATF is still accepting registration applications. It would be wise to contact them before assuming they will not let you register such a gun, and either throwing it away, or just keeping it without complying with the registration procedures.

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Surefire

About the author: Mr. Sattler is the Law Enforcement Sales Manager and Archival Records Manager at Olympic Arms, Inc. in Olympia, WA and has been with the company since 1993. He is also a Reserve Deputy in a small Southwest Washington county Sheriff's Office.

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NH Y Y Y Y Y Y Y

NJ Y N Y N Y N N (mg requires discretionary and rarely

issued permit from state court)

NM Y Y Y Y Y Y Y

NV Y Y N N Y Y Y

NY N N N N ? Y N (some pen guns may be allowed)

OH Y Y Y Y Y Y Y

OK Y Y Y Y Y Y Y

http://www.yearofthegentleman.com/user/default.aspx?mid=524148

TN Y Y Y Y Y Y ?

TX Y Y Y Y Y Y Y

UT Y Y Y Y Y Y Y

VA Y Y Y Y Y Y Y (state registration of all

mg's)

VT Y N Y Y Y Y Y

WA N Y N N Y Y N (silencer may not be used on a gun)

WI Y Y Y Y Y Y Y (permit required for expdd, no incendiary

expdd's; no pistol cal mg's w/o permit)

WV Y Y Y Y Y Y ?

WY Y Y Y Y Y Y ?

------------------------------------------------------------

-
Vortex Optics

Any firearm whose possession is otherwise prohibited by subsection (a) is ok, under b(7), if the gun is a C&R one and lawfully possessed under federal law. This would not provide an exemption to the requirement for a state permit for a machine gun, as 12020(a) does not regulate mg's. That is section 12220 (ban) and 12230 et seq. (permits). Rules for DD's are at section 12301 et seq. Silencers are regulated at section 12500 et seq. The state Department of Justice has totally discretionary authority to issue permits to possess DD's or machine guns. Civilians are totally prohibited from owning silencers.

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Tax exemptions

Law enforcement, states, and local governments are totally exempt from the making and transfer (either to or from) taxes, but must comply with the registration requirements. While the NFA only specifically provides that there is no transfer tax due when the US government is the transferee, (26 USC sec. 5852(a)), or a state governmental entity (26 USC sec. 5853(a)), ATF has made up an exemption from the transfer tax where any US or state governmental entity is the transferor, see ATF Chief Counsel Opinion numbers 20023 and 20400. Abuse of that exemption, as in transferring guns through governmental entities so as to avoid transfer taxes, has been prosecuted. See U.S. v. Fleming, 19 F.3d 1325 (10th Cir. 1994).

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* 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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GENERAL INFO ON NFA WEAPONS

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Vortex Optics

Therefore, if one has a semi-auto HK-91, and an HK-93 converted with an auto sear, and having a barrel less than 16 inches, one may not remove the sear from the HK-93 and put it on the HK-91. That would leave the semi-auto pack from the HK-91, and the receiver/barrel combination from the HK-93; a set of parts for assembling a rifle, and said rifle would have a short barrel, and further not be registered. I think that if one disposed of all trigger packs one had, except the one the sear was in, one could legally swap it between the rifles, without having to register the HK-93 as a SBR. The leftover HK-93 receiver and barrel setup would not be capable of firing a shot, with the parts in the possession of the owner, except with the sear converted pack, and using that on it would be OK. HOWEVER, I think ATF would disagree, would probably claim the resulting half of a gun was an "unservicable" short rifle or some other non- sense, and would prosecute should such an arrangement be attempted. If someone is serious about doing this, they need to ask Technology Branch if they will go along with the reasoning outlined. If they didn't, one would need to sue, rather than have to fight it in a criminal, rather than civil, context.

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Weight: 4.10 ounces
battery : Two 123A lithiums

Form Title

--------------------------------------------------------------

1 (5320.1 ) - Application to Make and Register a Firearm

2 (5320.2 ) - Notice of Firearms Manufactured or Imported

3 (5320.3 ) - Application for Tax-Exempt Transfer of Firearm and

Registration to Special (Occupational) Taxpayer

4 (5320.4 ) - Application for Tax Paid Transfer and Registration

of Firearm

5 (5320.5 ) - Application for Tax Exempt Transfer and

Registration of a Firearm

9 (5320.9 ) - Application and Permit for Exportation of Firearms

10 (5320.10) - Application for Registration of Firearms Acquired

by Certain Governmental Entities

5320.20 - Application to Transport Interstate or to

Temporarily Export Certain National Firearms Act

(NFA) Firearms

5630.6A - Special Tax Stamp [for SOT]

5630.7 - Special Tax Registration and Return: National

Firearms Act (NFA)

-
Nightforce Scopes

A lost or stolen NFA firearm

A lost or stolen NFA firearm can be a real problem. It can be a very expensive loss, as well as endangering the continued lawfulness of owning NFA firearms, both at a state and federal level. Contrary to what you might hear, NFA firearms, machine guns and silencers in particular, are very rare in crime. A significant source of such weapons in crime is stolen NFA firearms, from law enforcement, the military and civilian collectors. A crime spree with a stolen NFA firearm can lead to restrictive state or local legislation, as well as local law enforcement refusing to continue providing the law enforcement certification needed for transfers to individuals. Safeguarding NFA firearms is not required, but seems to me to be extremely prudent, both to preserve the firearm, as well as its continued legal ownership. Reporting the theft of an NFA weapon to law enforcement is the only way to even have a chance at recovering the gun, and preventing its use (or further use) in crime. I think reporting its theft is a good idea. Below is what is required, as opposed to what is a good idea.

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26 USC sec. 5845(g) "Antique firearm.-The term 'antique firearm' means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replicas thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade."

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Key to Abbreviations

AOW - any

ATF - Bureauother weapon of Alcohol, Tobacco and Firearms

ATT - Alcohol and Tobacco Tax Division of the IRS, the pre-68 administrators of the NFA

C&R - curio and relic

CFR - Code of Federal Regulations

DD - destructive device

FET - federal excise tax

FFL - federal firearms license

GCA - Gun Control Act

NFA - National Firearms Act

SOT - special (occupational) taxpayer

USC - United States Code

DEWAT - De-activated war trophy

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It is helpful, in general, to quote the certification text, that is what you are asking them to certify. For a Form 4 it reads, "I certify that I am the chief law enforcement officer of the organization named below having jurisdiction in the area of residence of (name of transferee). I have no information that the transferee will use the firearm or device described on this application for other than lawful purposes. I have no information indicating that the receipt and/or possession of the firearm described in item 4 of this form would place the transferee in violation of State or local law."

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Rifle Scopes

Folks who are around NFA guns for very long will find there are still a lot of DEWAT guns that were never registered during the Amnesty, and are now contraband unregistered machine guns. Folks have them in closets, up over the mantle... They can be stripped of parts, to make a parts set, and have the receiver thrown away. Torch cutting the receiver into 4 or more parts may be acceptable; you would have to contact ATF to find out the current standard for "de-mill"ing (short for demilitarize) a receiver; a de-milled receiver is not a firearm, it is scrap metal. A receiver only cut in half may well not be scrap; ATF has prosecuted folks where they could duct-tape together the receiver and get the gun to fire. Best to check on this before proceeding. The U.S. v. Staples, - U.S. - (1994), decision should end such ridiculous prosecutions, now the feds must prove, beyond a reasonable doubt, you knew the gun was subject to the NFA, ie you knew it was a machine gun, that it could fire more than one shot with a pull of the trigger, and so on. But even if there were no prosecution, you could lose the receiver and or parts to a forfeiture, if ATF though it was in fact a machine gun, and it was not registered.

-

Licensing

A few notes: before November, 1981, BATF did not consider the drop-in AR-15 Accessories sear to be a machine gun in itself, because you had to replace all the internal parts with M-16 parts, as well as install the sear, and thus it didn't convert the AR by itself. However in ATF Ruling 81-4, BATF changed its mind about what a thing had to do in order to be a conversion part, grandfathered all AR sears made before the ruling, and decided all made after that needed to be registered. HOWEVER, the fact that the sear itself, if made before 11/81, and sold through ads in Shotgun News to this day (they sure made a lot of 'em back then, or maybe not) is not required to be registered, DOES NOT mean you may install it in an AR-15 Accessories, or even possess it with an AR-15 Accessories rifle. Either scenario is a machine gun also, and also needs to be registered. Except of course you cannot register it anymore, and thus it is just a millstone, waiting to send you to a federal prosecution. And that exact scenario has been the basis for many prosecutions.

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Form Title

-----------------------------------------------------------------

6 (5330.3A) - (Part I) Application and Permit for Importation of

Firearms, Ammunition and Implements of War

6 (5330.3B) - (Part II) Application and Permit for Importation

of Firearms [military]

6A (5330.3C) - Release and Receipt of Imported Firearms,

Ammunition and Implements of War

-
Vortex Optics

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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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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The case is something to which you can point a CLEO who claims to refuse to do the signoff because of liability. Incidentally Stephen Halbrook, a leading lawyer in gun rights cases, and a longtime lawyer for the NRA, as well as an author, says in a note in Machine Gun News (3/95) this case is the only instance of a registered machine gun being criminally misused by its registered owner he is aware of. And it was by a police officer.

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ATF has made up a rule, 27 CFR sec. 179.141, that requires the owner of a lost or stolen NFA weapon to make a report "immediately upon discovery" to ATF including the name of the registered owner, kind of firearm, serial number, model, caliber, manufacturer, date and place of theft or loss and "complete statement of facts and circumstances surrounding such theft or loss." However Congress has passed no law authorizing ATF to make such a requirement, and at a 1984 Congressional hearing then ATF Director Stephen Higgins admitted there is no penalty for not complying. See "Armor Piercing Ammunition and the Criminal Misuse and Availability of Machineguns and Silencers", Hearings Before the Subcommittee on Crime of the Committee of the Judiciary House of Representatives, Ninety-Eighth Congress, Second Session, May 17, 24 and June 27, 1984, Serial No. 153, G.P.O. 1986, page 129.

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Tax exemptions

Law enforcement, states, and local governments are totally exempt from the making and transfer (either to or from) taxes, but must comply with the registration requirements. While the NFA only specifically provides that there is no transfer tax due when the US government is the transferee, (26 USC sec. 5852(a)), or a state governmental entity (26 USC sec. 5853(a)), ATF has made up an exemption from the transfer tax where any US or state governmental entity is the transferor, see ATF Chief Counsel Opinion numbers 20023 and 20400. Abuse of that exemption, as in transferring guns through governmental entities so as to avoid transfer taxes, has been prosecuted. See U.S. v. Fleming, 19 F.3d 1325 (10th Cir. 1994).

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Special (Occupational) Taxpayers (SOT) under the NFA are exempt from some of the making or transfer taxes. All SOT holders may transfer weapons between themselves tax free. However a transfer between an individual and a SOT will require the tax. And unless one has a class 2 SOT, there is a tax on making an NFA weapon, except for making by or on behalf of a government entity. Sole proprietor SOT's need not get the law enforcement certification for any transfer, except DD's (unless they have the appropriate FFL), even for their own personal collection, although in that case they should pay the $200 transfer tax. They also need not attach a photo to the transfer paperwork, nor submit fingerprints. The Crime Bill (9/14/94) now requires these things with FFL applications, and SOT applications, however, and ATF was requiring them even before that became law, since early 1994. If one plans to engage in business in NFA weapons, one needs to be a SOT, just as one needs the FFL if they plan to engage in the business with regular firearms or ammunition.

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Step 2: Copy the refusal letters, and send the copies to the NFA Branch of ATF. Ask them to designate other persons whose signature would be acceptable, as the ones listed in the ...

In short, these are serious penalties. NFA regs are a pain, and in my opinion, contrary to the Constitution. Ignore them, and get caught, and you will pay a very high price.

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APPENDIX: STATE NFA RESTRICTIONS

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Transporting NFA firearms

In terms of moving the weapons around, the following applies. If you are transporting the weapons within your state, it is wise to keep a photocopy of the registration paperwork, whatever it is, (can be Form 1, 2, 3, 4, 5, or 10, as well as other more exotic forms of registration, except you probably would never have a gun on a Form 10, unless you were the police, in which case no one is likely to hassle you about a gun you might have anyway) with the gun. Federal law does not expressly require it, but it would be foolish not to have ready proof the gun is legal. Many states do require it, they ban all or some NFA weapons, and exempt from the ban those possessed in compliance with federal law. In such a state you need the federal paperwork to be legal under state law. If you were a SOT you should keep a copy of your proof of being an SOT with the paperwork when you move the guns around. But an individual who surrenders his SOT can still have weapons that will be registered on a Form 2 or Form 3 legally, so not having a copy of the SOT with such paperwork proves nothing. You need not ask ATF for permission when you move to a new address within the same state, nor must you advise them of your new address.

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A DEWAT machine gun transfers tax free, as a "curio or ornament", on a Form 5. To be a DEWAT, a gun should have a steel weld in the chamber, and have the plugged barrel steel welded to the frame or receiver. Having said that, a gun may be registered as unserviceable and not be de-activated in this manner. It may have cement or lead in the barrel, or a piece of rod welded, soldered or brazed in the barrel. Despite the repeated warnings from ATT, apparently DEWATs were made or imported that did not have steel welds. And a weapon registered as "unserviceable" before 1968 was not held to these standards. One (ostensible) reason machine gun receivers were redefined as machine guns in 1968, thus bringing DEWATs under the NFA regulation, was that folks were regularly and easily making their DEWATs live guns w/o complying with the law. Some barrel plugs were so poor they would fall out with little coaxing. The thing with buying a DEWAT is that it may be easy to make it live, or it may be hard. The gun may be pristine or rather beat up. They usually cost less than a live gun because they will not be 100% original if made live. However if you just want a shooter buying a DEWAT and getting it made live can often be cheaper than an original gun. DEWAT guns are best not bought Rifle Scopes unseen, unless you do not wish to make it live, but have it as a wall hanger. The exact state and extent of the welds will determine how hard it is to make live. However if you want a wall hanger, a dummy gun is much cheaper, and requires no paperwork. They can look totally authentic. They do not have an intact machine gun receiver, but a partially machined dummy receiver.

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26 USC sec. 5845(c) “The term ‘rifle’ means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned or made ...

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Step 2: Copy the refusal letters, and send the copies to the NFA Branch of ATF. Ask them to designate other persons whose signature would be acceptable, as the ones listed in ...

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Amerglow glow sticks ... In addition, if one is also a SOT, ATF claims to have the right to enter onto your business premises, during business hours, to verify compliance with the NFA.

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Licensing

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