Possesion of an Un-registered Firearm??

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slow944

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I heard on the news last night that the guy that tried to blow up the Nat. gas pipeline in Plano, TX. was charged with possesion of an un-registered firearm. I didn't realize that you had to register your firearms in Texas. Maybe they are talking about a 4473 that wasn't filled out? But if you trade or do a private sale there wouldn't be a 4473. Hope someone on here can enlighten me.
 
If the Feds charge with possession of an unregistered firearm, they are referring to one, such as a machine gun or short barrel shotgun, that is required to be registered under the National Firearms Act.
 
Also worth noting that any item at all that falls under the various categories of the National Firearms Act '34 are known as "Firearms."

A sliencer/suppressor is a "Firearm." A grenade, for the purposes of the NFA, is also a "firearm."

Hence, when you're transferring any of these things you fill out an ATF Form 5320.4 ("Form 4") for "Application for Tax-Paid Transfer and Registration of a Firearm."

When you're building one, you fill out a form 5320.1 ("Form 1") to "Make and Register a Firearm."

So, if he was caught in possession of an explosive device that he had not registered as an NFA Destructive Device, the charge would be for an unregistered firearm -- even though it wasn't a gun.
 
BATFE requires registration of NFA items, which may consist of firearms as we know then, explosive devices as we know them (mortars, artillery etc) as well as explosive devices as we may not think of them-- mines, grenades, and other explosive devices and the like. It's very likely he was charged with possession of an unregistered device. I haven't read the full story but this would be my first inclination.

Maybe someone more familiar with these items can explain why a collector buying a hand grenade requires payment of a $200 transfer tax, while a farmer buying dynamite to blow stumps doesn't require it. Might it have something to do with our illogical firearms laws? :what:
 
medalguy Maybe someone more familiar with these items can explain why a collector buying a hand grenade requires payment of a $200 transfer tax, while a farmer buying dynamite to blow stumps doesn't require it.
Because Federal law (the National Firearms Act of 1934) specifically requires a tax stamp for Destructive Devices. A "hand grenade" is a Destructive Device while explosives used in mining, quarrying, agriculture, construction, sport rocketry, road building, oil well drilling, seismographic research, etc. are not.

The explosives used in those minining, agriculture, etc are regulated similiar to commerce in firearms.
 
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