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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.

Franklin man indicted on weapons charges – NJ.com
TRENTON A Franklin Township man has been indicted on charges he wielded a loaded handgun against two New Jersey State Troopers and possessed a number of illegal weapons at home. Brian Hinkel, 60, a former Vineland police …

Business owner tied up during armed robbery – msnbc.com
BUENA PARK — Police are looking for two suspects who tied up the owner of a business during an armed robbery. The incident began about 5:45 p.m. Monday when two men, one carrying a handgun, walked into Buena Park …

Pontiac man shot and killed in his home – Detroit Free Press
Police in Pontiac are investigating the death of a man found shot once in the chest in his home Monday night. Either a neighbor or an acquaintance who heard a shot at about 9:15 p.m. called police, Pontiac …

A short barreled rifle (SBR) is defined in the law as:

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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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A short barreled rifle (SBR) is defined in the law as:

Bushmaster ACR launched! | The Firearm Blog
The LONG anticipated Bushmaster ACR has been officially launched. I warn you in advance that it is priced FAR higher than what was rumored! As you can

Remington Model 700 VTR | The Firearm Blog
The new model 700 Varmint-Tactical Rifle (VTR) is chambered in .204 Ruger, .223 Remington, .22-250 Remington and .308 Win. A fusion of our most advanced

Magpul Massoud 7.62x51mm rifle | The Firearm Blog
The Massoud is a concept semi-automatic 7.62x51mm rifle by Magpul. It looks like it is s scaled up Magpul/Bushmaster Masada/ACR. The Massoud takes 7.62x51mm

Retired cop charged in illegal gun case – Times Union
SCHENECTADY — A retired New York City transit police officer, now the owner of two city furniture stores, is facing federal weapons charges for allegedly attempting to sell a handgun and a semiautomatic assault rifle to …

Officials admit failings in Manila hostage standoff – Boston Globe
MANILA — In the face of growing Chinese anger, Philippine officials acknowledged failings in how the police handled a 12-hour hostage standoff on a tourist bus, which unfolded on live television and ended …

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S&W Bodyguard 380 Pistol and 38 Revolver | The Firearm Blog
One of the major product launches at SHOT Show was the launch of the S&W Bodyguard Series. Smith & Wesson have applied the Bodyguard name to a variety of

Mexico soldier says slain U.S. man fired at army convoy – Deseret News
ACAPULCO, Mexico — A Mexican soldier said that a U.S. citizen attacked an army convoy and was killed when troops shot him in self-defense outside the resort city of Acapulco, a police official said. The man …

The Firearm Blog | Gun, Tactical & Hunting News
A gun blog covering rifle, shotgun, handgun, tactical, hunting, gear and ammunition news, reviews, photos and new products and industry info.

NFA WEAPONS AND THE 4TH AMENDMENT


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Penalties for NFA violations
A violation of the NFA can result in a felony conviction, punishable by up to ten years in prison, and/or a $250,000 fine. See 26 USC sec. 5871. The US Sentencing Guidelines ordinarily require prison time, even for a first offense, however various mitigating and aggravating factors can raise or lower the possible sentence range for a first offense.

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On top of the FOPA machine gun restrictions, any NFA weapon imported into the US after the Gun Control Act took effect (end of 1968) cannot be transferred to an individual. See 26 USC sec. 5844. They can be transferred to SOT’s, without any police demonstration request, and kept by the SOT after surrendering his SOT. These are sometimes called “pre-86 samples“, or “dealer samples”, although dealer sample can be used to refer to either a post-86 machine gun or any NFA weapon imported after 1968.

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This reporting requirement only applies to FFL holders, that is folks licensed by ATF to make, sell, import or collect guns. This does not include folks who just own an NFA weapon.


A sole proprietor SOT may keep any NFA weapon he has after surrendering his SOT, as his personal property, except post-86 machine guns, discussed below. If ATF thinks, based on the number of weapons retained and the timing, that your SOT status was used to evade the transfer taxes, they may demand tax on all or some of the guns, although you will be entitled to a credit against that for your annual $500 or $1000 SOT tax. Conceivably you could also be prosecuted for tax evasion.

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)


A registered sear is not a license to use it to convert any gun you wish. BATF takes the position that installing a HK sear in any gun but an HK, or a HK clone gun (like one of the Greek or Portuguese G-3 semi-autos) is not allowed, and is making an unregistered machine gun. So while you can put it in any HK type gun, don’t put it in something else, like an FNC or AK (it has been done) thinking the sear is a license to convert any gun you can shoehorn it into. Or if you want to do that, take BATF to court first, don’t just do it.

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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