I have a questions regarding NFA/DD engraving. I would like to preface these questions with a few disclaimers: I am not asking for legal advice (as I have attorneys for this), opinions or anecdotal hyperbole as this not a “lost in a boating accident” sort of thing, I am just trying to understand the regulation and my options. I have not broken any laws, nor am I admitting to the intent to subvert any rules of law - just looking for anyone with any first hand knowledge on the subject.
Phew, not that that is out of the way.
What is the penalty for not engraving an NFA item? Specifically, Title 26, USC Section 5842(c) and in the event of a trust registered DD firearm, to whom would the penalty apply? Has there ever been a record of an individual or trust being fined or prosecuted under this code? Would the age of the firearms predating the GCA of 1968 have any impact on this? In this particular case, the original Title 1 receiver markings submitted on the form 1 - model, serial number, company and country or origin are present and legible.
It is also not 100% clear (or at least not as clear as say a machinegun) what should be engraved in the event of a destructive device.
“(c)Identification of destructive device
Any firearm classified as a destructive device shall be identified in such manner as the Secretary may by regulations prescribe.“
in contrast to:
“(a)Identification of firearms other than destructive devices
Each manufacturer and importer and anyone making a firearm shall identify each firearm, other than a destructive device, manufactured, imported, or made by a serial number which may not be readily removed, obliterated, or altered, the name of the manufacturer, importer, or maker, and such other identification as the Secretary may by regulations prescribe.”
It seems as though this would fall under 26 USC 5871, but again.. what in the world does, “shall be identified in such manner as the Secretary may by regulations prescribe”.
If this is too taboo a topic for the forum or is in poor form, please lock it and I will take the questions to my local field office and attorney. Thanks in advance.