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United States Vs. Rock Island Armory?

Discussion in 'Legal' started by Trent, Jan 17, 2013.

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  1. Trent

    Trent Resident Wiseguy

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    I've never even HEARD of this court case before today.

    United States v. Rock Island Armory (1991)[7] - United States District Court for the Central District of Illinois ruling one cannot be prosecuted for 1934 National Firearms Act violations for machine guns produced after 1986:

    "...since enactment of 18 U.S.C. § 922(o), the Secretary has refused to accept any tax payments to make or transfer a machine gun made after May 19, 1986, to approve any such making or transfer, or to register any such machine gun. As applied to machine guns made and possessed after May 19, 1986, the registration and other requirements of the National Firearms Act, Chapter 53 of the Internal Revenue Code, no longer serve any revenue purpose, and are impliedly repealed or are unconstitutional."

    Why didn't this eliminate the ban on machineguns post-1986?
     
  2. Phatty

    Phatty Member

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    It was rejected by the 7th Circuit in United States v. Ross, 9 F.3d 1182 (7th Cir. 1993).
     
  3. Trent

    Trent Resident Wiseguy

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    Thanks Phatty!

    That clears that up.
     
  4. MudMarine

    MudMarine Member

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    Does it really clear it up?

    US v. RIA said that for post 1986 machine guns, the NFA was invalid, because the NFA was a tax collection device, and the US Government was not "collecting" taxes on post '86 machine guns any longer.

    Post '86 machine guns are regulated by the FOPA of 1986 which is an update to the GCA of '68. The Hughes amendment to the FOPA is the specific section that makes possession of post '86 machine guns illegal. This is the section that you will be prosecuted under for post '86 machine guns.

    See http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act for more background and for a place to start your learning.
     
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