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1986 FOPA Question

Discussion in 'Legal' started by MicroBalrog, Dec 27, 2002.

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  1. MicroBalrog

    MicroBalrog member

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    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?
     
  2. CleverNickname

    CleverNickname Member

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    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.
     
  3. El Tejon

    El Tejon Member

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

    MicroBalrog member

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    What?

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

    El Tejon Member

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    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.
     
  6. MicroBalrog

    MicroBalrog member

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    I see...

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

    El Tejon Member

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    Because the Federal Rules of Evidence say so!:D
     
  8. MicroBalrog

    MicroBalrog member

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    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*?
     
  9. El Tejon

    El Tejon Member

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    Micro, at last count there were 5,500 juries that disagreed with you.:D
     
  10. Robert inOregon

    Robert inOregon Member

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

    MicroBalrog member

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    Please explain?

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

    Poodleshooter Member

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    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.
     
  13. Wildalaska

    Wildalaska member

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    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..
     
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