When the unknowing bid and the ignorant sell.....

[DrDeFab]

See UNITED STATES v. ZEIDMAN

...Count III charged Zeidman with knowingly and unlawfully receiving and possessing a certain firearm, to wit, a 9 millimeter Browning semi-automatic pistol with detachable shoulder stock, serial number 33952, which was not then registered to him in the National Firearms Registration and Transfer Record as required by 26 U.S.C. § 5841, in violation of 26 U.S.C. § 5861(d).

...the Browning semi-automatic pistol and the detachable holster-shoulder stock were found in different drawers of the same dresser

...For the reasons hereinbefore set forth the judgment of conviction is affirmed.

 

[dogtown tom]

Would either of this methods avoid tax stamp issues/ATF ? Just asking.

- Can the purchaser have an FFL hold the pistol/stock while waiting for the tax stamp?

Having an FFL w SOT doesn't exempt me from the National Firearms Act.

- Can the purchaser accept the pistol through an ffl and have the stock shipped to his lawyer? Then have his lawyer hold the stock until the tax stamp arrives?

Doesn't need to be a lawyer.

 

[dogtown tom]

It depends upon what the definition of "need" or "can" is. The other side -- the ones who can burn down buildings, destroy public and private property, loot stores, shoot innocent civilians, or the ones who are in a position to stick their corporate and private syphon hoses into the federal treasury and therefore the country's future, all this with near impunity -- must be absolutely thrilled that there is still a huge bunch of us who willingly abide by laws, even minor, stupid laws, that only apply to us.

No, the definition of need or can doesn't depend on anything.
Federal law is damn clear as to what is required to lawfully possess a stock/holster and a pistol.

Pretending that "need" and "can" have definitions that offer a way around the NFA is laughable.
Comments about "the other side" don't belong in this thread, but elsewhere.

 

[dogtown tom]

See UNITED STATES v. ZEIDMAN

Interesting.
In 1971 I'll bet prewar Hi Powers had not yet been added to the Curio and Relic eligible firearms.

 

[I6turbo]

No, the definition of need or can doesn't depend on anything.
Federal law is damn clear as to what is required to lawfully possess a stock/holster and a pistol.

Pretending that "need" and "can" have definitions that offer a way around the NFA is laughable.
Comments about "the other side" don't belong in this thread, but elsewhere.

Can means able to. You might be looking for the word, may, as in having permission. Some people do things that they CAN, without looking for the approval of "you may." It might not be advisable, or aligned with the law, but that doesn't stop it from happening.

 

[Nature Boy]

FYI it’s sold

$5,700

 

[dogtown tom]

FYI it’s sold

$5,700

Try $5276.

 

[Nature Boy]

Try $5276.

ok, cut me some slack, I’m dyslexic

 

[danez71]

Buyer will need to buy a tax stamp and sadly, engrave his name and city on that HP before he can attach the stock.

Can you explain the engraving comment more?

Is that part of the SBR requirements or specific to this instance? Its a shame to have to deface that thing.



I'm not SBR / Tax stamp knowledgeable other than I'd like one but apparently not enough to pursue. (Same with suppressors)

 

[dogtown tom]

Can you explain the engraving comment more?

Is that part of the SBR requirements or specific to this instance? Its a shame to have to deface that thing.

When "making" (not manufacturing) an NFA firearm the maker files a Form 1 with ATF. Once approved, federal law requires that the makers name, city and state to be engraved on the frame, receiver or barrel.

"Factory" NFA firearms already have the manufacturers name and location marked. They would transfer on a Form 3 to dealers, then a Form 4 (tax paid) to the buyer.

Good engravers can be creative and place the marking in a legal but inconspicuous location. Inside the magwell for example. As with the markings seen on imported firearms, some engravers use a rusty nail anywhere they please. (I'm talking about you Century, RGuns and PW Arms )

 

[Mosin77]

When "making" (not manufacturing) an NFA firearm the maker files a Form 1 with ATF. Once approved, federal law requires that the makers name, city and state to be engraved on the frame, receiver or barrel.

"Factory" NFA firearms already have the manufacturers name and location marked. They would transfer on a Form 3 to dealers, then a Form 4 (tax paid) to the buyer.

Good engravers can be creative and place the marking in a legal but inconspicuous location. Inside the magwell for example. As with the markings seen on imported firearms, some engravers use a rusty nail anywhere they please. (I'm talking about you Century, RGuns and PW Arms )

Maybe on an aftermarket barrel that could be fitted when the stock was attached?

 

[dogtown tom]

Maybe on an aftermarket barrel that could be fitted when the stock was attached?

Having the shoulder stock in your possession with the firearm constitutes constructive possession of an SBR. It's not just when the stock/holster is attached, but while both are in your possession.

In short, if you want to keep the stock holster, have the engraving done.

 

[Mosin77]

Having the shoulder stock in your possession with the firearm constitutes constructive possession of an SBR. It's not just when the stock/holster is attached, but while both are in your possession.

In short, if you want to keep the stock holster, have the engraving done.

Ah, so engraving a removable pistol barrel would in fact be a bad idea, because then the presence of the stock with an unengraved, complete firearm would then fall afoul of constructive possession rules. Got it.