Firearm registration question.

[J23]

Ok, I am a little confused...

If you have been keeping up with the news, two were recently arrested for plotting on Obama's life, among other crimes, but what really intrigued me, was that they were being charged with "Possession of an UNREGISTRED firearm."

Anyone want to explain that one... I havent been able to find much through a Google search.

To my knowledge, here in the United States, we havent (YET, at least until after January 1st...but thats a post evidentally for another board...) enacted firearms REGISTRATION.

...or did I sleep through that senate session on CSpan?

I found a defense attorney site (of all places) that states that it is illegal to possess or sell an unregistered firearm. So if firearms registration has not yet taken place in the United States, how can it be illegal to possess an unregistered firearm?

Am I misinterpreting the law? What actually constitutes an UNregistered firearm? One that you bought from the widow down the street? One with no serial number (either filed off, or pre-serial number production year?)

Help me out here.

 

[kingpin008]

First of all, reporting can be hit or miss, especially when it comes to gun laws/terminology. If I had to guess, they "unregistered" bit was in regards to the illegally-sawed-off shotgun the pair had, rather than any of the other guns.

 

[Old Fuff]

I think the unregistered firearm in question wasn't registered under the National Firearms Act of 1934. "Firearms" in the NFA mean such things a machine guns, sawed-off shotguns and rifles, and things of that sort. Ordinary firearms such as revolvers, most pistols, and full-sized rifles and shotguns (including so-called, semi-automatic assault rifles) were not included and don't need to be registered.

Most likely the suspects had a sawed-off rifle or shotgun with too short a barrel or overall length.

 

[everallm]

BBC link below, basically they broke NFA which is the one they really can be held on.

The conspiracy and threats, if there is no actual physical record could have been argued by their lawyer as a "He said, She said we 'wuss just joking" etc etc. The second they took a hacksaw to a barrel it goes from BS'ing around to actual offense, as opposed to offensive.

http://news.bbc.co.uk/2/hi/americas/7694254.stm

Two men, who officials describe as neo-Nazis, have appeared in a US court accused of plotting to kill Democratic presidential candidate Barack Obama.

Paul Schlesselman and Daniel Cowart planned a murder spree targeting dozens of black people and culminating in Mr Obama's murder, officials said.

Mr Obama said he was not worried by the news and it was "not who America is".

He told reporters that "these kinds of hate groups" had been marginalised and were not part of America's future.

Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) said the men, aged 18 and 20, had made their first appearance before a court in Jackson, Tennessee, on Monday after being arrested last week in Crockett County in the same state.

An ATF official said agents had seized a rifle, a sawn-off shotgun and three pistols during the arrests.

They were charged with making threats against a presidential candidate, illegal possession of a sawed-off shotgun and conspiracy to rob a gun dealer.

Court documents showed that the plot did not appear to be very advanced or sophisticated.

The two men have not yet entered a plea but are due to appear in court again later this week.

'Amateurish'

The pair allegedly planned to rob a gun store and then carry out a killing spree at an unnamed predominantly African-American high school, the Associated Press quoted court records as saying...........

 

[MD_Willington]

It's a lie really, if the gun is on a 4473 form, then IT IS registered somewhere...

 

[Nooblet]

I've seen the term "unregistered firearm" used before in news reports in conjunction with arrests... I never understood what it meant... I don't think the writers of the articles know the laws and just write whatever sounds like the law.

 

[gbran]

J23

I agree with others here re: NFA violations, however, here in CA we do have handgun and AW registration.

 

[atab68]

In Clark County Nv. handguns must be registered, "Blue card". I know thier are other places where this the case.

 

[calaverasslim]

At one time, in Contra Costa County, PRK. all weapons had to be registered. Law.

Now, if that law is in effect today, I have no way of knowing. I do know, my Dad was a LEO there, and after I got back from my first tour in Nam, I had bought a hunting rifle and by law I had to register it.

I left the area shortly after that and that was the last time I lived in the PRK.

 

[ConstitutionCowboy]

Of course they can say any gun is unregistered. Other than NFA guns, none need to be registered(with the feds). None of my guns are registered.

Woody

 

[Bix]

The news agencies are reporting the charge as it appears in the criminal complaint - they're charged with, among other things, 'possession of an unregistered firearm'.

The ATF affidavit asserts that they were in possession of an NFA weapon that does not appear in the NFA registry.

As noted, many local governments require registration of firearms. Chicago's registration scheme is one of the issues raised in McDonald v. City of Chicago - though the parties appear to have put that aside for the moment to argue incorporation.

 

[langenc]

Make most of the citizenry think the guy is really a bad dude.

 

[Nooblet]

Yeah, so I was thinking about the implications of misusing the term "unregistered firearm", probably not intentionally biased but biased nonetheless as it-

1) Spreads misinformation and ignorance about firearm laws in general
2) Makes it seem like there is a whole world of illegal firearms floating around that need to be registered (with whom? who knows)
3) Dissuades non-firearm owners from even contemplating purchasing firearms, as it seems like having a firearm is huge ordeal of paperwork and registrations (which it is in some places)
4) Paves the way for mandatory firearm registration, as it makes it seem like there are already registration laws in existence (which there are in some places)

 

[Art Eatman]

Some states have registration as we have griped about here, many times. We don't have a centralized federal registration system. Newsies generally don't usually know much--if anything--about federal laws, and little about the laws of their own states.

 

[hiker44]

From what I can tell, their use of 'unregistered' could also be read 'illegally modified' when taken in context of the short barrelled shotgun. Of course, when reading news reports, it is often noted the reporter may display a general lack of knowledge about firearms, in general. One such article I saw a while back referenced a perp who used a 'high powered revolver' to commit a drive by shooting, leaving as many as 15 spent 'bullets' at the scene of the crime. Boy, if the perp had time to shoot 15 times with a revolver, he must have certainly been parked for at least 10 or 15 seconds. Just remember to take every report with a grain or two of salt until you can actually get the facts. Terminology is broadly misunderstood by our media, making it easy for them to create pandemonium with misstatements. Remember, the uneducated and the misinformed are easily led astray.