There is no tax on transfers to anyone of a weapon that is unserviceable. Making a weapon unserviceable means it is permanently altered so that it cannot work, and is not readily restorable. For example a gun can be made unserviceable by welding the chamber closed, and welding the barrel to the receiver or frame. An unserviceable weapon is sometimes called a DEWAT, for DE-activated WAr Trophy (see below).
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Gun Rankings
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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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New Magpul AFG (Angled ForeGrip) | The Firearm Blog
The AFG (Angled ForeGrip) is a new forgrip from Magpul that will go on sale later this month. They claim it allows a more natural hold than a vertical foregrip.
Russian F-22 (PAK-FA) First Test Flight Revealed | Defense Tech
Thanks to several tipsters who alerted me to the public release of a test flight of the Russian 5th-generation fighter prototype: the so-called PAK-FA, or
REPLACEMENT ARM, GOOD AS NEW | Defense Tech
Thought-controlled robotic limbs were only the beginning. Scientists have had a string of remarkable successes lately, taking signals from the brains of monkeys
The Alaskan Hunter: Sarah Palin’s custom .50 AR-15 | The Firearm …
At the National NRA Foundation Banquet on 14 May, Governer Palin will be presented with a custom AR-15 chambered in the powerful .50 Beowulf cartridge. The
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A gun blog covering rifle, shotgun, handgun, tactical, hunting, gear and ammunition news, reviews, photos and new products and industry info.
As to surrendering your 4th amendment (search and seizure) rights, this is definitely true when one gets a Federal Firearms License. The law allows the ATF to inspect your records and inventory once every 12 months without any cause, and at any point during the course of a bona fide criminal investigation (18 USC sec. 923(g)). They may inspect without warning during business hours. The only modification of the above pertains to the C&R FFL (type 03) where ATF must schedule the inspection, (C&R FFL holders do not have business hours) and they must have the inspection at their office nearest the C&R FFL holders premises, if the holder so requests. ATF may look around the licensed premises for other weapons not on your records. This means they take the position that if your licensed premises are your home they may search it, as part of the annual compliance inspection. The constitutionality of the warrantless “administrative search” of licensees provided for in the Gun Control Act has been upheld by the US Supreme Court, see U.S. v. Biswell, 406 U.S. 311 (1972). Biswell was partially overturned by Congress by 1986 changes to the requirements for a warrant under the GCA, but the administrative search provisions remain.
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Step 3: get back to ATF, Send them copies of the rejection letters, and ask that they accept a letter of police clearance, or a police letter saying you have no criminal record/history with them, in lieu of the certification, together with your certification that you are OK, and that the weapon would be legal for you to have where you live. They will either respond OK, or with more persons to try. If you reach the point where they will not accept the police clearance letter, and not designate someone who has not turned you down, you can sue, if the certification is for a Form 1, or the transferor (seller) on a Form 4 can sue.
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Trijicon ACOG TA31F- 4×32 Red Chevron BAC Flattop Reticle
ACOG 4×32 Scope with Red Chevron BAC Flattop Reticle- includes Flat Top Adapter. The chevron reticle is designed to be zeroed using the tip at 100 meters. The width of the chevron at the base is 5.53 MOA (Minute of Angle) which is ‘”19 at 300 meters. This allows range estimation for silhouette targets. Features dual illumination (FIBER OPTICs provides daylight illumination and tritium illuminates reticle at night). The ranging reticle is calibrated for 5.56(.223 cal) flattop rifles out to 800 meters.
The TA31F also includes:
- 1 Set of backup Iron Sights
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Specifications
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Magnification
If a gun has rifled barrel(s) of less than 16″, and it has never had a shoulder stock it would be a pistol, unless it either has no grip at an angle to the bore, or if it has more than one grip. ATF has made the questionable decision that a handgun with more than one grip is an AOW. This is based on the gun a) being concealable on the person, and b) not meeting the definition of a “pistol” in the regulations promulgated under the NFA, since they say a pistol has a single grip at an angle to the bore. However, at least one federal court has decided that if the grip is added later, the gun is not “originally designed” to be fired by holding in more than one grip, and thus putting a second grip on a pistol does not make it an AOW. Whether ATF will regard the decision as binding beyond that case is unknown, I would doubt it. The case is U.S. v. Davis, Crim No. 8:93-106 (S.C. 1993) (Report of Magistrate, June 21, 1993). By the same token in mid 1996, ATF decided that “wallet” holsters for small guns, from which the gun could be fired, somehow are AOW’s. This would affect, for example, the North American Arms mini-revolver and the wallet holster NAA sold for the gun, as an accessory. ATF seems to be thinking that the grip has disappeared, and thus it fits into the first category. This strikes me as bizarre and stupid, and I suspect the courts will have their shot at it, given how common the wallet holsters are. What if you put the gun in a purse, from which it can be fired? A folded up newspaper? How are those different than a wallet holster?
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“Semiautomatic pistols and rifles assembled after September 13, 1994, and possessing two or more of the features listed in [Section 921 (a) (30), Title 18 U.S.C.] are semiautomatic assault weapons as defined. The fact that the receiver may have been manufactured prior to September 13, 1994, is immaterial to classification of a weapon as a semiautomatic assault weapon. Additionally, payment or non-payment of excise tax is also immaterial to classification of a firearm as semiautomatic assault weapon.”
ATF Forms (by Category)
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ar-15 Rifle Scopes & Sights » ar-15 rifle sights
The original of the paperwork, particularly any that have tax stamps on them (Form 1 or 4) should be kept in a safe place. ATF can demand to see the form (see below on your 4th …
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ar-15 Rifle Scopes & Sights » 2010 » April
April 29, 2010
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A.R.M.S. #38STD Swan Sleeve with Flip Up Rear Sight for AR-15 Code: ARMS-38STD-556 Price: $150.00
7606. Entry of premises for examination of taxable objects. (a) Entry during day. The Secretary may enter, in the daytime, any building or place where any articles or objects subject to tax are made, produced, or kept, so far as it may be necessary for the purpose of examining said articles or objects. (b) Entry at night. When such premises are open at night, the Secretary may enter them while so open, in the performance of his official duties. (c) Penalties For penalty for refusal to permit entry or examination, see section 7342.
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Ruger 10 22 accessories & Stocks
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
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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.
Thus you can see why a machine gun is not also a short barreled rifle; it is not a rifle. And you can see why a barrel is not subject to regulation, or registration, in itself. It is a barrel, it cannot discharge a shot. A receiver alone is also not a short rifle; a short rifle is only a complete weapon that fits into the length parameters outlined.
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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 regulation would not sign. They are required to do this by the same regulation, it is the safety valve for when none of the designated persons will sign. ATF will almost certainly say that they will accept the certification of a state judge who has jurisdiction over where you live (same as the chief, D.A. and sheriff in step 1, they have to have jurisdiction over where you live) and who is a judge of a court of general jurisdiction, that is a trial court that can (by law) hear any civil or criminal case. No limit as to dollar amount in civil cases, or type of crime in criminal cases. No small claims court or traffic court type judges, in other words. Let’s assume they refuse.
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To move weapons between states two rules apply. An individual must get permission from ATF to move machine guns, short rifles, short shotguns or destructive devices between states (or to temporarily export them) before doing so. This includes taking them somewhere to shoot them, or when moving. There is a form called a 5320.20, and ATF will always approve them, and fairly quickly, assuming the purpose (generally stated) for the movement is legitimate, and the target state allows the weapon in question. A type 01 FFL can move weapons (except DD’s) interstate at will, no permission is needed. But while most states that otherwise prohibit some or all NFA weapons have exceptions for SOT’s, or FFL’s, a few do not, and thus the person must make sure he will not be breaking any laws. An unlicensed individual need not ask permission to move AOW’s or suppressor’s interstate, again watch the laws at the target state. Having the approved 5320.20 form for a suppressor or AOW can avoid hassle while traveling. Lots of folks who think they know something about the NFA don’t know you only need permission for interstate movement of some NFA weapons. ATF will approve a 5320.20 for suppressors and AOW’s; they will approve a 5320.20 for an FFL also, even if he doesn’t need it by law. ATF will also now approve a form 5320.20 for a period of one year, covering blanket travel to a specific location, if you travel there frequently. A C&R FFL holder can only move C&R NFA guns interstate without a 5320.20. See 18 USC sec. 922(a)(4) for the law imposing the 5320.20 requirement.
The definition of “machinegun” in the NFA (26 USC sec. 5845(b)) includes parts to convert a gun into a machine gun. Note that conversion parts are not included in the definition of “firearm” under the Gun Control Act, one of the few things I know of that is a firearm under the NFA, but not the GCA. Thus the purchaser of a conversion part from an FFL need not do a 4473 form, unlike other NFA weapons. Of course the host gun, if purchased from an FFL, will require the 4473. This reading of the law is based on numerous statements from ATF, and the definition of “firearm” under the GCA, which requires it be able to expel a shot. However, at least one very slow judge has decided that somehow the definition of “firearm” in the GCA “incorporates” the definition of “machine gun” under the GCA (even though the law doesn’t say that) and that a machine gun conversion part is a “firearm” under the GCA as well as the NFA. I think the judge is clearly wrong, even ATF reads the law better than that, but the point is to be careful. The case is U.S. v. Hunter, 843 F.Supp 235 (E.D. Mich. 1994), and see also the same judge’s second opinion in the same case, at 863 F.Supp. 462 (E.D. Mich. 1994). These parts are called registered sears, as well as other parts or sets of parts to convert a gun into a machine gun.
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