The Lone Ranger

Corporal
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About The Lone Ranger

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  1. F5 With conditions

    99-308.... 99th congress law 308 Firearm Owner's Protection Act / 18 USC 922(o) post 86 sample.
  2. C&R NFA Transfer - Individual to C&R 03

    grasshopper and the handbook are correct - C&R firearm can go direct from a nonlicensee; trust, LLC, corporation, or natural person does not change anything. 18 USC 922(a)(2)(A) if you want to get specific.
  3. Nfa form 4 changes

    Once the insults begin, it's time for me to bow out. You didn't like my answer - neither did I. Most of us would like a never ending supply of new transferrable MGs but that isn't reality. "Replacement" MGs need to be registered. If you want to pretend you are Hatton Industries and it's 1985 while you are building a paperless 240 today or are confident in your ability to convince a jury a sliver of metal with a removed serial # is a machinegun while the 24 pound piece of metal next to it that looks and acts like a machinegun is just cosmetics and you are not really building anything, knock yourself out - risk vs reward. For those interested, here is the statute and referenced regulation in its entirety. Each reader can decide if I am "twisting" anything. I'm too lazy to copy the statutes about removing serial numbers. 18 USC 922(k) and 26 USC 5861(g) §5841. Registration of firearms (a) Central registry The Secretary shall maintain a central registry of all firearms in the United States which are not in the possession or under the control of the United States. This registry shall be known as the National Firearms Registration and Transfer Record. The registry shall include— (1) identification of the firearm; (2) date of registration; and (3) identification and address of person entitled to possession of the firearm. (b) By whom registered Each manufacturer, importer, and maker shall register each firearm he manufactures, imports, or makes. Each firearm transferred shall be registered to the transferee by the transferor. (c) How registered Each manufacturer shall notify the Secretary of the manufacture of a firearm in such manner as may by regulations be prescribed and such notification shall effect the registration of the firearm required by this section. Each importer, maker, and transferor of a firearm shall, prior to importing, making, or transferring a firearm, obtain authorization in such manner as required by this chapter or regulations issued thereunder to import, make, or transfer the firearm, and such authorization shall effect the registration of the firearm required by this section. (d) Firearms registered on effective date of this Act A person shown as possessing a firearm by the records maintained by the Secretary pursuant to the National Firearms Act in force on the day immediately prior to the effective date of the National Firearms Act of 1968 1 shall be considered to have registered under this section the firearms in his possession which are disclosed by that record as being in his possession. (e) Proof of registration A person possessing a firearm registered as required by this section shall retain proof of registration which shall be made available to the Secretary upon request. § 479.103 Registration of firearms manufactured. Each manufacturer qualified under this part shall file with the Director an accurate notice on Form 2 (Firearms), Notice of Firearms Manufactured or Imported, executed under the penalties of perjury, to show his manufacture of firearms. The notice shall set forth the name and address of the manufacturer, identify his special (occupational) tax stamp and Federal firearms license, and show the date of manufacture, the type, model, length of barrel, overall length, caliber, gauge or size, serial numbers, and other marks of identification of the firearms he manufactures, and the place where the manufactured firearms will be kept. All firearms manufactured by him during a single day shall be included on one notice, Form 2 (Firearms), filed by the manufacturer no later than the close of the next business day. The manufacturer shall prepare the notice, Form 2 (Firearms), in duplicate, file the original notice as prescribed herein and keep the copy with the records required by subpart I of this part at the premises covered by his special (occupational) tax stamp. Receipt of the notice, Form 2 (Firearms), by the Director shall effectuate the registration of the firearms listed on that notice. The requirements of this part relating to the transfer of a firearm are applicable to transfers by qualified manufacturers.
  4. Nfa form 4 changes

    You may need someone smarter than me to explain better - I'm not the sharpest pencil in the cup. If it exists, it needs to be registered. 1 MG, you need one registration 2 MGs, you need two registrations and so on. If you are at a point trying to claim an exemption to registering based on the angle that MG#1 isn't an MG any more and MG#2 is actually MG#1 because the serial # was cut off MG#1 and placed on MG#2, I am lost, cannot connect that to anything in the book, and can only see a potentially uncomfortable outcome. I doubt it will work any better next time around but someone may well do it. Money brings out the best in some of us. I'm more bookworm than mechanic or engineer, so could be way off.
  5. Nfa form 4 changes

    RE: "unregistered".... when a new MG was built to replace the M-10 type (or whatever lower $ firearm), those firearms were never registered as required (except if built by or on behalf of the USG with a variance to skip the F2 and F5). When the new builds were transferred, they were done with no paper (no F2, so there could be no F3/F4 and if they had been registered they would have been post 86). The cheaper item was transferred on paper but never went anywhere. So - you had a MG that was built, never registered, and transferred without approval combined with an approved transfer application for a smashed/cut or otherwise never delivered MG. You predate my experience. I am older than ATF but not by much, having to rely on old hands relating experiences and reading documents from earlier time periods for historical context. My favorites are the DEWAT rulings (55-590 comes to mind but I don't think it was the only one) and the Federal Firearms Act (1938) which seemed to be more focused on violent criminals than the GCA... but as with most things government, growth always comes I am not convinced more is better. Socialist/communist/giant government philosophy is based in part on the individual being too inept to conduct themselves. My question has always been if that is the case, how does granting access to unlimited power and money make a portion of those inept people smart? Not painting with a broad brush - I have found government employees to be a reflection of society in general - some saints, some demons, most in between the extremes - same to be said for firearms collectors and industry. I have taken on the X-Files operating procedure: "trust no one".
  6. Nfa form 4 changes

    Mr. Todd, There was at least one internet personality claiming to be a firearm law expert who stated no violations were committed by anyone, that there were only minor modifications made to existing firearms. To the best of my knowledge, that claim was false and despite all the smoke, it was simply a fraud case. I forget the duration of the trial - something like 2-3 weeks and the jury said "guilty" in roughly the time it took them to eat lunch. There were several charges associated with that case, but I cannot list them per defendant. A few to pick from: false statements/records, possession of unregistered, transfer in violation of the act come to mind quickly - and would not all necessarily apply to all involved parties. I also won't claim to be wholly knowledgeable of every firearm involved, but for the ones I am familiar with the question of modification or redesign was not an issue. The only "modification" made to any MG was removing the serial # (another charge to add to the previous list). There were two separate MGs, each having mass and occupying space; one registered, one unregistered - the unregistered MG being transferred under the false pretense of being the registered MG. The argument that the serial number is the MG while the other _ pounds of steel surrounding it is just decoration doesn't pass the proverbial "straight face test". In the statutes, serial numbers are not registered, firearms are - the serial is only a means of identifying a unique item. I can cut a serial # off a $1 bill and integrate it into a $100 bill I made at home or rivet a Volkswagen VIN tag onto a "Audi" built in my garage. The recipient of either would not be well served nor happy upon discovery of their origin.
  7. It's do or die tomorrow guys..

    Not that republicans are anything to be entirely happy about. It was DJT, Jeff Sessions, and numerous republican legislators (after prompting from the NRA no less) that have advocated deviating from the constitution to allow ATF to enact bans via regulation. That process normally takes approximately seven years but the "bump stock ban" somehow looks to be moving much quicker than any regulation since the multiple rifle sale reporting that conflicted with the FOPA. It will be interesting to see how much more fruit that move bears in the coming years. I wrote to NRA in May asking if they have a plan to prevent further abuses, provide legal defense for those charged with violations of the non-law regulation, or compensate those whose lawfully obtained property was taken (thanks to the NRA pushing the idea). Radio silence thus far.
  8. Nfa form 4 changes

    Fair point - I should have added a rationale to the post rather than just the end result. Simply put, you have to register everything that is built. For all the smoke that was blown on the internet about this case it was simply selling unregistered MGs. Every lawfully possessed MG (in public use) is tethered to a registration. When you have two MGs, there should be two registrations. No provision for sharing or transferring a registration from one gun to another. I did not take the OP as a troll; I was hesitant to reply briefly but then there are new people coming on board every day and it seemed like an honest question about a potentially hazardous topic. There are loads of internet jackasses and I can feel myself slipping into the mold sometimes as I get older and crankier. Thought I'd try being nice for a change.
  9. Nfa form 4 changes

    https://www.justice.gov/usao-az/pr/gun-dealers-sentenced-prison-manufacture-possession-and-sale-illegal-machine-guns The appeals court posted the case on youtube for those who may be interested:
  10. Nfa form 4 changes

    People have done so. You as a downstream registrant don't assign sn, model, or manufacturer so what's left is caliber and dimensions. Some people have built new (unregistered but more "cool") firearms then changed the dimensions of a previously registered firearm, using the original mfg/model/sn. Everyone can make a risk vs. reward assessment and act accordingly. Longest sentence I am aware of is 121 months.
  11. Werner posting here would be great. AMA Frank too, although I believe his time is well occupied at the moment.
  12. Pending FBI Background Check

    This is one of the few times when the old "background check delay" story can be true. FBI researches checks as a courtesy to ATF but is under no obligation to do so. Conversely, FBI is mandated by law and regulation to research and respond to checks initiated by dealers. When a panic buy episode occurs (for example if a president were to suggest confiscation first, due process later or the largest gun lobby org in the country starts proposing bans via regulation that might spark a rush) the FBI cannot keep up with FFL generated checks and the NFA checks get put on the back burner. Roughly 70-75% of NFA checks need no research and are automatically proceeded by a computer and thus not an issue to those applicants. Note how that article about Trump being bad/stupid for wanting to add examiners to NFA fails to mention the # of examiners in NFA tripled during the BHO administration. Probably an honest oversight...
  13. I can at least respect the "repeal the second amendment" crowd for adhering to the rules. Meanwhile, back at the ranch the ban via regulation tactic is moving ahead. Normal time frame for a regulation change is 7 years. Maybe this one will go a tiny bit quicker? https://www.justice.gov/opa/pr/department-justice-submits-notice-proposed-regulation-banning-bump-stocks
  14. Just to place things in context which is rarely done for whatever reason(s) - Reagan signed at the strong urging of the gun lobby, specifically NRA & GOA (and maybe some other smaller units I'm missing) which had determined that a small inconvenience of a firearm ban was not going to derail seven years of work on the FOPA. Had he vetoed it, he would be labeled anti-gun then and now. The NRA is now advocating for ATF to get the authority to ban via regulation rather than requiring it to get through congress. I have written a nice letter asking for the thought process and anticipated benefits to gun owners both present and future if this occurs. Hopefully it will rationalize what appears irrational unless viewed through the prism of fundraising potential (the gun lobby is a business first and foremost). https://www.gunsamerica.com/blog/nra-blaming-obamas-atf-bump-stocks-doesnt-hold-water/?utm_source=email&utm_medium=20171020_FridayDigest_144&utm_campaign=/blog/nra-blaming-obamas-atf-bump-stocks-doesnt-hold-water/ https://www.gunsamerica.com/blog/nra-gets-wish-atf-will-review-legality-bump-stocks/?utm_source=email&utm_medium=20171208_FridayDigest_151&utm_campaign=/blog/nra-gets-wish-atf-will-review-legality-bump-stocks/ https://www.cbsnews.com/news/transcript-wayne-lapierre-on-face-the-nation-oct-8-2017/ For those who have not experienced the much discussed "roundtable": https://www.realclearpolitics.com/video/2018/02/28/watch_live_president_trump_meets_with_bipartisan_members_of_congress_to_discuss_school_and_community_safety.html
  15. BATFE, ..stupid is being kind

    If Ruger did not mark "F" on the firearm, then AC556 is the model. If the firearm is marked AC556F then that is the correct model. The box is irrelevant for anything but a storage and shipping container. ATF's failure was not pushing it back on the first modifier. Any firearm with one barrel does not have three calibers - just accurately describe it at the time of application. Firearms registered in 57 calibers never should not have been allowed to develop but it was and now applicants are confused about one barrel = one caliber; the simple has become complex through a team effort of public and government. Another common scenario is "MP-5 ABCD5". If the firearm is marked "MP-5" by the manufacturer, it's an MP-5 and that's it regardless of what trigger or stock is attached at any given moment. If it's marked MP-5NA3 then that's what it is for its lifetime despite the S-E-F trigger and fixed stock attached afterward. I used to be a DMV employee; laws are something entirely different from lifetime history of the product. I could tell you how much a <8,000 through 80,000 plate cost, how long you had to obtain title/registration/DL after moving in state, how to pay sales tax on a car purchased from a non-dealer, catch an ID thief, even one or two odometer cheats; that's what I needed to get through the day without giving taxpayers a runaround and catch the occasional crook but I couldn't tell you the manufacturing process of every car ever built or imported into the US - not even close and did not need to. The laws applied to every car regardless of the year, engine size, or model. P.S. Good luck getting the human gun encyclopedias to apply for examiner jobs (or the internet cadre that claim they could process an application .3 seconds). It's been tried - until impressment becomes legal, it probably won't happen.