what will put you in prison in America - a short list (letter)

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MicroBalrog

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----- Original Message -----
From: Boris Karpa
To: [email protected]
Sent: Wednesday, November 26, 2003 11:41 PM
Subject: what will put you in prison in America - a short list


Shannon!
Here was my point: In modern-day America, you can get arrested for the possession of physical objects - namely weapons or the means to manufacture such weapons. This really a loophole big enough to drive a limo through. Note, that the "means to manufacture" is up to the decision of the arresting officer. So, what can they bust you for?

1.Posession of a shotgun with a barrel shorter than 18 inch. Illegal since 1934. You could have one if you paid $200 and waited about a year for the tax stamp. Up until 1968 if you had an illegal one, you could pay $200 and be legal - not anymore.

2. Rifle with barrel shorter than 16 inch. Same as above. Moreover, if you want to remake your rifle into a pistol, you can't. What starts as a rifle, remains a rifle, if you try, you go to prison.

3. Machinegun. Now this one is tricky. A machinegun can only be yours if it was already owned by some civilian before 1986. Not kidding. So an M-16A1 made on September 15, 1986 and owned by a civilian can be yours, but not one made on September 17th. Moreover, if a gun was made in 1985 but not civilian property, you can't register it. Sorry.

Number of crimes committed with legally-owned machineguns 1934-1986=0. Don't ask me to justify this law.

But this is not where it gets wierd. It gets wierd when the law determines that a machinegun is a gun that fires more than once per trigger pull - or anything that can be readily modified into one. The ATF uses that to bust people for having certain parts of military weapons. For example, an "M-16 auto-sear" - a piece of metal under an inch long - is officially a machinegun if I recall correctly. You're in possession of machinegun if you have one in your pocket. Read more on this here, I suggest you scroll through the technical part. And yes, the part on that picture is a machinegun. http://www.quarterbore.com/nfa/dias.html . ?You will note burden of proof is on you on this one. Presumption of innocence? Get real.

This is how they enforce that insanity: http://www.boogieonline.com/revolution/firearms/enforce/lamplugh.html

4. Any modern rifle using cartridges bigger than 12.7mm. Legally, there's no difference between a Russian 14.5mm rifle and a 40mm launcher - or a sawed-off shotgun.

5. Any handgun bullet made of material other than lead or copper. The only exception is for a list of bullet types made by ATF. How you define "handgun cartridge"? Almost any catridge used in a handgun, for example, AK47 ammunition is "handgun ammo" because there's an obscure handgun shooting that model. People did go to prison because they bought up on such ammo days before it was declared "handgun ammo". Totally illegal, no licenses available.

6.Dealing in guns without a license. Now, it's legal to sell a gun without a license as long as you're not "dealing", i.e. doing that to turn a profit. So if you sell me your Bersa .380, you should be fine. In theory. In practice, they have entrapped people by offering outrageous prices - and then arrested them for making a profit. So that's why many serious "gun nuts" had licenses in 1992 (200,000+). Now there's 60,000 - Clinton and the ATF did all they could (many of it illegal) to make people get rid of their licenses.

7."Assault weapons" and the means to make them (including conversion from legal weapons). Most of it explained here. http://www.awbansunset.com/whatis.html

8.Silencers and the means to make them. See entry 1 on license. According to experts, this is a big contributor to hearing loss, especially with hunters. Note that in some countries these are obligatory for people shooting in the outdoors (hunters, plinkers, etc.) because of noise pollution concerns. Note that some silencers use rubber parts that wear out easily, having spare is just like having machineguns around.

9.Grenades/mines of any form. Includes molotov cocktails. Also includes "means to make those weapons". See shotguns.

10. Conspirancy to make any of the above weapons/equipment. They have busted people for talking about making machineguns, don't tell me they won't. They have put people in prison for having inert grenades (no explosives inside) for "conspiring" to make them into real grenades.

I think this is it, or at least the big ones.
Sorry it's too long.
SY,
Boris Karpa
 
3. Machinegun. Now this one is tricky. A machinegun can only be yours if it was already owned by some civilian before 1986. Not kidding. So an M-16A1 made on September 15, 1986 and owned by a civilian can be yours, but not one made on September 17th. Moreover, if a gun was made in 1985 but not civilian property, you can't register it. Sorry.

A few corrections:

1. The MG ban went into effect on May 19, 1986.
2. Just because a machinegun was owned by a law enforcement agency doesn't make it non-transferable. If it was registered pre-86 (and wasn't a pre-May sample), it's transferrable. So say a police department bought some M16s in the early 80s, and now they want to get something newer, there's nothing stopping them from selling their still transferrable M16s.
 
Posession of a shotgun with a barrel shorter than 18 inch. Illegal since 1934. You could have one if you paid $200 and waited about a year for the tax stamp. Up until 1968 if you had an illegal one, you could pay $200 and be legal - not anymore.

Wrong, you can still posses them and make them if you pay the tax.

Rifle with barrel shorter than 16 inch. Same as above. Moreover, if you want to remake your rifle into a pistol, you can't. What starts as a rifle, remains a rifle, if you try, you go to prison.

Again wrong, just pay the tax and make.

Number of crimes committed with legally-owned machineguns 1934-1986=0. Don't ask me to justify this law.

Sorry thats post hoc ergo propter hoc logic. At the time the law was passed in 1934, machine gun crime was rampant.

For example, an "M-16 auto-sear" - a piece of metal under an inch long - is officially a machinegun if I recall correctly. You're in possession of machinegun if you have one in your pocket.

Only if its an auto sear made after the registration requiremtn for thos items went into effect.


WilddinnerrollsAlaska
 
Sorry thats post hoc ergo propter hoc logic. At the time the law was passed in 1934, machine gun crime was rampant.

First of all, I was talking about the 1986 FOPA machinegun clause.

Second, I was talking about crime with legal machineguns, we don't know how total machinegun crime was affected.

Third, please prove "machinegun crime was rampant".

Wrong, you can still posses them and make them if you pay the tax.

Only if you do so when making them. If an illegal one falls into your possession, you can't register it AFAIK.

Only if its an auto sear made after the registration requiremtn for thos items went into effect.
Read the link provided.
 
Ya never been to chicago?

Gangster movies don't count.:cool:

Its only illegal if its not regisitered....once its registered its legal


Let's say you find an NFA weapon at your doorstep (like a baby). :)
Can you, or can you not, under current law, register it?

And...? You can posess a "pre ban" auto sear...is that it dispute?

But you will still be charged if found with one as there's no way to verify whether it's a pre-ban.
 
Gangster movies don't count.

Besides the gang turf wars in Chicago that occured in the 1920's - 1930's (do a search on the St. Valentines Day Massacre) there was a mid-west crime wave that occured in the early 1930's as well, with many of the participants favoring both the BAR and the Thompson. This led in large part to FDR legitimizing the FBI as a national police force, as well as the ban.

Do a search on:

The Ma Barker gang.

George "Machine Gun" Kelly

Al Karpis

Baby Face Nelson

And the ever popular Bonnie and Clyde

In this case the movies were based in large part on fact.
 
Rifle with barrel shorter than 16 inch. Same as above. Moreover, if you want to remake your rifle into a pistol, you can't. What starts as a rifle, remains a rifle, if you try, you go to prison.
Again wrong, just pay the tax and make.

Well, you can pay the tax and make an SBR, but there is no way to make a rifle into a pistol. You could make a rifle into a stockless SBR that looks and functions exactly like a pistol, but it'd still be an SBR.
 
Micro, other than the stuff Wild pointed out:

1. There has been a crime (a contractual murder) committed by means of a Form 4 smg, a MAC in .380 (right, Wild?), by a cop in Dayton, Ohio. The decedant's estate sued the CLEO on the sign off. The 6th Cir. ruled the CLEO could not be held liable.

2. Many of the weapon used in the Prohibition era murders and robberies were supplied by the government. Just one example, many of the weapons John Dillinger (when Hoosiers go bad) used during a span of years came from the Warsaw, Indiana Police Department. One evening Dillinger went into the station and kicked everyone's backside and took their guns. Dillinger was one big, bad hombre, in many ways.:D

3. I did a 3 year stretch in Chicago. Machine gun crime (oddly caused by humans) is still rampant even with NFA, SSA, and the FOPA (and all the laws of the PRI).
 
Micro, the cops here are civilians. Like I said he bought it on a 4, just like a civilian. Yes, it was a civilian smg.

Hmmm, don't remember numbers, but the haul was Springfields, pistols, shotguns, Thompsons and a Monitor (IIRC). Threw fat Chief Wiggum right down the stairs.

See if I can look it up for you. Lots of the other gangsters then stole from armouries and the police. Just like those bank robbers in Seattle that stole the 16 from the doggie in Fort Lewis (standing guard with unloaded 16s).
 
Police are not exempt from the 86 FOPA, as far as I know.

See if I can look it up for you. Lots of the other gangsters then stole from armouries and the police. Just like those bank robbers in Seattle that stole the 16 from the doggie in Fort Lewis (standing guard with unloaded 16s).

What is this incident you're referring to?
 
But you will still be charged if found with one as there's no way to verify whether it's a pre-ban.

You can be charged with anything in this world, I repeat posession of a pre ban auto sear is legal.

Gangster movies don't count

That type of patronizing statement, from someone who doesnt even live in the US (only to the extent that Im sure that you havent had years of learning American history in high school and university), isnt worthy of any further comment:fire:

WildAlaska
 
Wildalaska -

A) That was a joke.

B) American history was part of my highschool program, and I have studied it beyond the extent of the program (independently, that is).

C)Please provide proof that the 1934 NFA brought down the amount of crime committed with machineguns and sawed-offs. (As a percentage of total crime, of course).
 
You can be charged with anything in this world, I repeat posession of a pre ban auto sear is legal.

And it can't get you in prison because you're charged with having a post-ban sear and have no defence?

Remember, it was a list of things that'll get you in prison, not illegal things.:)

Self-made machineguns are legal without registration in some states, too, now. Should I try?
 
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