Still confused about B of ATF&E Shotgun Barrel-length regs

[Zoogster]

If one wishes to have a SBS, the stamp only costs $200.

It is not quite that simple though. Many other restrictions and requirements go along with NFA weapons. Such as losing the freedom to travel to different states with them without prior approval. A requirement to be registered with the federal government as the owner of that weapon.
Many additional restrictions on that weapon and who it can be used by, lent to, etc

You could give a family member or friend a non NFA firearm and let them use it without being present. You could store such a firearm in other states or at the homes of others, and travel to many more states with it. An NFA item on the other hand is only legally possessed by the individual it is registered to (or those within a trust if a trust owns it.)
Even just leaving say your wife with an NFA weapon in her possession at home while you were away (if the weapon is registered specifically to you, and she was not on a trust) could be a violation.
Say you visit a friend or family member on some trip or vacation and while staying there have your NFA item locked up in thier safe. Now let us say you take a day trip somewhere nearby. Well if they have access to it while you are away, then it is a violation. A violation you contributed to, and therefor 'conspired' to violating. (Federal conspiracy charges carry the same sentence as the crime itself.)
The same would be true if someone visited you or stayed at your home and had access to an NFA item while you were not present. Let someone stay at your home while away, to watch after things, if they have any access to such an item it is a violation of the law. Even if they are a trusted family member, etc, You simply do not have the liberty. Say a "silencer" stored in a small pistol safe, or a SBS or SBR in a rack with some other long guns.Forget you have some sort of NFA item mixed in with something they do have access to, violation.

If you give anyone access to an NFA item outside of your immediate presence you would be violating the law. Brother, sister, parent, adult child, spouse, it wouldn't matter. Have them look after your place while your away, and they have access, violation. Give them access to other firearms stored with NFA items, violation.




You quite simply lose may liberties with an NFA item that you do not with a non-NFA item. Every NFA item is an additional headache.
I imagine many people with an NFA weapon are violating the law unintentionally. Like the husbands who have it registered to them yet thier wives have access while they are away.
If thier wives even just have the combination to the safe it is stored in they are in illegal constructive possession of the NFA weapon. The husband would also be in violation, being part of a conspiracy to violate the NFA.

 

[CoRoMo]

That remark wasn't about the simplicity (lack of), regarding acquiring or maintaining an NFA item, rather the relatively low cost of the stamp.

Without pulling this thread farther than I already have, your post sparks a few questions as to the lending of NFA items within the law. But that can wait for another day.

 

[Oyeboten]

My original question has been cleared up -


Which was whether an unequivically pre-1898 'Black Powder' Breech Loading Shotgun, having less than 18 inch Barrels, was subject under law to the same over-sight as Modern less-than-18-inch Shotguns would be, and, it seems clear now, that it would be.

Possibly, if it were a 9 or 11 Gauge, it would be exempt, since no 9 or 11 Gauge Cartridges could be rationlly argued as being availble in commecial Channels, but, I would not wish to test this in practice.


Probably then, all tolled, the least beurocratically troublesome Short Shotgun, would be a pre-1898 Muzzle Loading one.


The pro-tem constructive access mention is very interesting.

 

[Zoogster]

The term 'firearm' shall not include an antique
firearm or any device (other than a machinegun
or destructive device) which,
although designed as a weapon, the Secretary
finds by reason of the date of its
manufacture, value, design, and other
characteristics is primarily a collector's
item and is not likely to be used as a
weapon.

The secretary here is the ATF, as they have been given the authority to regulate in that capacity in regards to firearms.

So it says that any firearm other than a "machinegun" or "destructive device", regardless of the date it was made is not subject to the NFA if the ATF says so. They just have to declare it is a collector's item.

Of course they can also determine that some "destructive devices" (something added by the GCA of 1968 to the NFA) are not destructive devices just by giving a sporting exemption to a caliber or particular "firearm".
(Like all centerfire rifles over .50 inches bore diameter.)
So any firearm manufactured at any time except machineguns can be given immunity to the NFA if the ATF says so regardless of any other statutes. You can find lists of firearm models they have given such an exemption.

ATF discretion, like so many other aspects of federal gun law.