1986 FOPA Question

[MicroBalrog]

Is there any way that new machineguns can still get into the system, say if they are sold *from* a police department or gov. agency?

 

[CleverNickname]

No. The gun must have been registered before the '86 ban to be fully transferrable. Law enforcement agencies can have and sell transferrable weapons, (pretty much only sell, why would they buy expensive transferrable guns?), but post-86 weapons can only be possessed by law enforcement agencies or dealers.

 

[El Tejon]

Micro, well, kind of. Sometimes "new" emmagees get into the NFA Registry when transferred and the 4 has been "lost" to the NFA branch.

 

[MicroBalrog]

What?

Now you've got me all confused. Can you explain this to me in more detail?

 

[El Tejon]

Micro, what Clever sez is correct that after May `86 ATF interpreted the statute to mean no new registrations of emmagees. However, in reality (there's reality and legality) when transfers happen (mostly from estates) 4s are found that are not part of the NFA registry because of ATF record keeping, stolen records, etc.

 

[MicroBalrog]

I see...

But if their forms get lost so often, how is it that the NFA registry is still admissible in courts?

 

[El Tejon]

Because the Federal Rules of Evidence say so!

 

[MicroBalrog]

What?!

Imagine this:
I have an M16. Neither I nor ATF have the paperwork for it. I claim we both lost the papers. And there's a jury in America that would agree that I'm guilty *beyond reasonable doubt*?

 

[El Tejon]

Micro, at last count there were 5,500 juries that disagreed with you.

 

[Robert inOregon]

Is there any way that new machineguns can still get into the system, say if they are sold *from* a police department or gov. agency?

You'll have a better chance at getting a date with Angelina Jolie.

 

[MicroBalrog]

Please explain?

And what, no lawyer ever brought up reasonable doubt? What happened?

 

[Poodleshooter]

Reasonable doubt would set up a precedent that society as a whole does not want to see. Juries as a whole don't like machineguns in the hands of private citizens, and judges from the local district all the way to the Supremes are uncomfortable with setting precedent that would overturn the regulation of the 2nd amendment.

 

[Wildalaska]

In point of fact, the problems with the NFA registry are apoinfully obvious to prosecutors, thus, please in machine gun cases are frequently available...and aquitals have occured.

Thank being said, anyone who posseses an NFA weapon without the proper tax stamp is a blatant idiot who deserves hard time. If your state does not allow them..move...and if you cant afford the $200..o well..