Jul 28th, 2010

Taxpayer privacy
The transfer paperwork is nominally a tax return; the purpose of the registration, and the National Firearms Registration and Transfer Record (Registry) is keeping track of who owes the tax. ATF takes the position that taxpayer privacy laws apply to a transfer form, and that they may not discuss a pending transfer with anyone but the taxpayer, who is the transferor (seller), as he is responsible for the tax by law. This also serves to allow ATF to refuse to discuss why a transfer is taking so long with the party who is most interested in that question, the transferee (buyer). However, in another context (releasing information under the Freedom of Information Act) ATF has decided that as to a Form 4, the tax form is a joint return between the transferor and transferee, (see 1980 Auto Ordnance Corp. memo) so in that case the transferee should be entitled to the information about the application on the same basis as the transferor. That is not the usual practice, however. The NFA also prohibits the use of Registry information obtained from natural persons (only) for any law enforcement purpose except prosecutions for making a false statement on a transfer form (26 USC sec. 5848). Other tax laws prohibit the release of transfer information, as a tax return, except for certain narrow law enforcement type circumstances. See 26 USC sec. 6103.

Ak-47 Stock and Rifle Scopes
There is also a revolver definition, but it does not add anything except a provision for guns with revolving cylinders, rather than permanent chambers.

Ak-47 Stock and Rifle Scopes » About
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Ak-47 Stock and Rifle Scopes
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 weapon law) or sec. 922 …

Sandhurst And West Point Meet In Galloway
US and UK Army officer cadets join forces for training exercise

Ak-47 Stock and Rifle Scopes
Trijicon ACOG TA47-2: 2X20 with Amber Triangle Reticle. This is the most compact unit. It is a step up in magnification and is well suited to limited space on a weapon like the UZI, H …

Accessories for Tactical Ar-15 & AK-47 / SKS
Name. Models. Height. Width. Style. Color. AGS-REM-301. Rifle models: 74, 76, 740, 760, 7400, 7600. Shotgun models: 870, 1100, 1187. n/a. n/a. Rifle & Shotgun Sights

‘My Boyfriend The War Hero’
TV programme to tell story of young, badly wounded British soldier

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Jul 28th, 2010

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).

Booted Gays Consider Service after DADT

Ex-Contractor Charged in Sailor’s Death

Five Iraqis Killed in Helo Crash

Al-Qaida Warns of New, Deadlier Attacks

Mullah Omar Orders Attacks on Civilians

Spec Ops Command Cancels New Rifle
In a surprising reversal that follows years of effort to design a one-of-a-kind commando rifle, the U.S. military’s Special Operations Command has abruptly decided to abandon the new SOCOM Combat Assault rifle — commonly known as the “SCAR” — in favor of previously-fielded carbines.

Afghanistan Security not Improving
A U.N. report released Saturday painted a grim picture of the security situation in Afghanistan, saying roadside bombings and assassinations have soared the first four months of the year amid ramped up military operations in the Taliban-dominated south.

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Jul 28th, 2010

Before the NFA was changed in 1968, as part of the Gun Control Act of 1968, one could register unregistered existing weapons, however it meant you were admitting to possessing an unregistered weapon. In fact the law required it, which was a reason the US Supreme Court used in gutting the registration scheme of the pre-68 NFA in Haynes v. US, 390 U.S. 85 (1968). (It violated the 5th amendment right against compelling self-incrimination.) However if there was no criminal intent to the possession (which tended to be demonstrated by attempting to register the weapon) then the Alcohol and Tobacco Tax Division of the Treasury Dept. would accept the application to transfer the weapon, or to register it. ATT generally sent an investigator to check out what was going on, and if deemed appropriate, to help the applicant fill out the Form 1. The Alcohol, Tobacco and Firearms Division of the IRS (created out of the ’68 GCA, it became the Bureau of Alcohol, Tobacco and Firearms on July 1, 1972) continued this practice until 1971, with the transferor instead of the transferee admitting to possessing an unregistered weapon, when applying to transfer it.



Specifications

 

Magnification

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Jul 28th, 2010

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.


APPENDIX: STATE NFA RESTRICTIONS

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Jul 28th, 2010

* Muzzle loading cannon – NOT, as it is an antique design, unless it has some special features allowing breech loading.
* Explosive grenade – is a DD
* Molotov cocktail – is a DD
* M-79 or M-203 40mm grenade launcher – is a DD
* Smooth bore 37mm projectile launcher – not a DD. Not even a title 1 firearm. This item falls under the “not a weapon” (signaling device) exception, I believe. Generally a large bore device for which no anti-personnel ammo has ever been made will NOT be a DD. This used to be true of the 37mm guns. However, according to ATF, some folks have started making anti-personnel rounds for these guns, and ATF has ruled that possession of a 37mm launcher and a bean bag or rubber shot or similar round is possession of a DD, and at that point the launcher needs to be registered. Put another way, before you make or buy anti-personnel rounds for your 37mm launcher, register it as a DD. The rounds themselves, not being explosive, incendiary or poison gas, are not regulated in themselves either. It is just the two together. See ATF Ruling 95-3.
* 40mm grenade for an M-79 or M-203 – a DD.
* Non-explosive 40mm practice ammo – not a DD. Commercial making of it would require a type 10 FFL though, as although the ammo is not itself classified as a DD, making ammo for a DD requires the FFL.
* Non-sporting 12 gauge shotgun – is a DD, because it has a bore over 1/2″, and is not exempted unless it meets the “sporting use” test. Check out the case Gilbert Equipment Co., Inc., v. Higgins, 709 F. Supp. 1071 (D. Ala. 1989) for how the sporting use test has been re-interpreted from what it meant when the law was enacted to having ATF be arbiters of what is “sport”.
* Flame Thrower – not a DD, nor even a firearm. Unregulated as to possession, under federal law. Great way to clear snow off the driveway.
* Japanese Knee Mortar – A DD. Even though there is no available ammo for it, explosive or otherwise, and hasn’t been since 1945, because anti-personnel ammo was made for it in the past, it is a weapon. As it has a bore over 1/2″ and isn’t sporting, it is a DD.

Glow Sticks and Surefire Flashlights
Some handy ATF phone numbers: – Champion Police Silhouette Target (100 Pack) Blue Silhouette target area on light background. Size: 22.5 x 35

Remington Sights – AR-15 Accessories, Ruger 10/22 Accessories! AK-47 …
Remington Tritium Night Sight Code: AGS-REM-301 Price: $70.00

Harris Bipod « Harris Bipods & Accu-Shot Monopods
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Ruger 10/22 Gun Accessories » Blog Archive » http://www.star …
hand gun accessories – http://www.star-firearms.com/info/journal.doc (MICROSOFT WORD) … was found on cartridge cases fired from the 9mm Star pistol.

Tactical Glow Sticks from AmeriGlo and Streamlight
Special treatment of certain weapons Destructive devices are treated differently, in terms of manufacturing or dealing. One must have a special FFL, (type 9, 10 or 11, to deal, make …

Rifle Scopes for your AR-15/M16 and Hk-mp5
Rifle Scopes. As promised here it is! For sale for the first time here on AR15 is the scopes I’ve personally been working with for over two years now, the D-760 (6x) and its …

Ruger 10 22 accessories & Stocks
Type Fee Description —- —— ——————————————– 01 $ 200 – Dealer, Including Pawnbroker, in Firearms Other than

Tactical Surefire Flashlights
Tactical Surefire Flashlights. The world’s finest compact high-intensity flashlights for outdoors, self-defense, military, law enforcement, and general applications.

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Jul 27th, 2010

IL N N N N Y ? N
IN Y Y Y N Y Y N
KS N N Y N Y Y ?
KY Y Y Y Y Y Y ?
LA Y Y Y Y Y Y Y (mg’s require a permit to
purchase – war relics only; mg’s,

sr, si, sg and some expdd’s



Trijicon AccuPoint: 3-9×40 Variable Power, Dual Illuminated Riflescope (Red)

The newest innovation in riflescopes, the Trijicon AccuPoint

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Jul 27th, 2010

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.

Carrier Construction Begins On The Mersey
Next “HMS Queen Elizabeth” begins to take shape at Cammell Laird’s yard

Did Friendly Fire Kill Counter-IED Soldier?
Royal Engineer’s death now suspected as being ‘blue on blue’

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Jul 27th, 2010

This certification is not really a big deal for the chief law enforcement officer (CLEO) making it, and it DOES NOT expressly make the CLEO legally responsible for the weapon or your use of it, or its theft. I have not heard of any successful case against a CLEO for signing the certification for a gun that was criminally misused. That is, in my opinion, a spurious excuse for not signing. There is even a case addressing this issue, Searcy v. City of Dayton, 38 F.3d 282 (6th Cir. 1994). The estate of a drug dealer murdered by an off duty Dayton, Ohio, police officer with his personally owned “Mac-11″ machine gun sued the city that employed the cop. One of the grounds for suit was the police chief’s having signed the transfer paperwork for the murder weapon. The court held that that claim should have been dismissed by the trial court; without a showing that somehow the act of signing was negligent, (under Ohio law) and led to the harm (murder) complained of, there was no cause of action. Signing the form was not negligent in itself, nor was it a reckless or wanton act, as the trial court claimed the plaintiff could try to prove at trial. Although this case is only directly binding on the area of the 6th circuit, and need not bind state courts, the court recognized what common sense, and the certification say, the person signing does not open himself up to any liability by doing so.



Weaver Grand Slam Steel Dovetail scope mount, Remington 700 LA

One-piece system, these all-steel bases provide recoil resistance and feature the dovetail locking system for an ultra-secure, positive lock-on rings. Includes Torx screws and wrench for no-slip, no-strip, easy installation.

Color Finish
105-WVR-48912 – Howa/Vandguard
105-WVR-48913 – Howa/Vandguard Matte

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Jul 26th, 2010

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

infrared Flashlights
The statute of limitations on violations of the NFA is three years, with the possibility of extension of that time to six years for some wilful violations.

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Jul 26th, 2010

I trust that the foregoing has been responsive to any misconceptions you as the reader may have about pre-ban and post-ban receivers/guns/regulations. Please pass this information on to your friends, neighbors, local gunshops, etc. The more knowledge we all possess, the better off our sport (and sportsmen) will be. Until then, play nice and shoot straight!



Trijicon Reflex RX30A-5 6.5 MOA (Minute of Angle) Amber Dot and 42mm Objective

Trijicon’s technologically advanced Reflex sights offer shooters the

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