In early 1994, ATF decided (in ATF Rulings 94-1 and 94-2) that three 12 gauge shotgun models, the USAS 12, Striker 12, and Street Sweeper, were destructive devices, owing to their non-sporting character, and having a bore over 1/2 inch, as all 12 gauge shotguns do. ATF required owners of these guns to register them, as NFA weapons. This is not exactly an amnesty, as the weapons were not NFA weapons when made. While ATF has not required the payment of the $200 making/transfer tax to register them, they had required the registrant obtain the law enforcement certification on the registration paperwork (Form 1). According to the 7/95 Machine Gun News, NFA Branch has now dropped the requirement for the law enforcement certification on the initial Form 1 registration, subsequent transfers will be by regular NFA procedures. ATF began notifying owners of the guns on 2/1/94 of the classification decision, and gave them 30 days to register the weapon or dispose of it, after notice. Supposedly ATF calculated the 30 days from when the last owner (they could locate) of a weapon was notified. If you purchased the weapon privately, and there was no “forward trace” paper trail, then you may not have known when the 30 days began to run. However according to Machine Gun News, as of 7/95 ATF is still accepting registration applications. It would be wise to contact them before assuming they will not let you register such a gun, and either throwing it away, or just keeping it without complying with the registration procedures.

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Before the NFA was changed in 1968, as part of the Gun Control Act of 1968, one could register unregistered existing weapons, however it meant you were admitting to possessing an unregistered weapon. In fact the law required it, which was a reason the US Supreme Court used in gutting the registration scheme of the pre-68 NFA in Haynes v. US, 390 U.S. 85 (1968). (It violated the 5th amendment right against compelling self-incrimination.) However if there was no criminal intent to the possession (which tended to be demonstrated by attempting to register the weapon) then the Alcohol and Tobacco Tax Division of the Treasury Dept. would accept the application to transfer the weapon, or to register it. ATT generally sent an investigator to check out what was going on, and if deemed appropriate, to help the applicant fill out the Form 1. The Alcohol, Tobacco and Firearms Division of the IRS (created out of the ’68 GCA, it became the Bureau of Alcohol, Tobacco and Firearms on July 1, 1972) continued this practice until 1971, with the transferor instead of the transferee admitting to possessing an unregistered weapon, when applying to transfer it.