Archive for July 19th, 2010

Likewise an M-1 carbine receiver and an M-2 carbine receiver are identical, and all the parts to convert a gun from an M-1 to an M-2 are available on the surplus market. HOWEVER having all the parts, and an M-1, or even just some of the M-2 parts together, is a machine gun under the NFA. While the US Supreme court decision in the Staples case should help to protect truly innocent possessors of such things, you are playing with fire.


Step 1: You ask the following persons if they would sign; the local chief of police, the local sheriff, the local district (prosecuting) attorney, the chief of the state police, and the state Attorney General. The CLEO can delegate the signing duty, for his convenience. Insist they refuse in writing, if that is what they will do. You may be surprised, one might sign. Assume they all refuse. That list of persons comes from 27 CFR sec. 179.85, which is the regulation that created the law enforcement certification requirement for Form 4′s. 27 CFR sec. 179.63 is the companion regulation for Form 1′s. It is NOT in any statute passed by Congress. Although not listed, and ATF will NOT designate federal officials as also acceptable (see below) other persons whose certification has been acceptable in the recent past include; local U.S. Attorney’s, local federal judges, local U.S. Marshals, and local F.B.I. agents. Other local federal law enforcement agents might also work, like DEA or ATF (imagine accepting their own certification!) or Secret Service. The federal law enforcement agents should probably be in a supervisory capacity, like the head of the field office or similar post.

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Subsection (b)(7) of section 12020 exempts any “firearm or ammunition” lawfully possessed under federal law and on the C&R list. Subsection (b)(8), exempts ALL AOW’s except pen guns. Subsection b(2) is the exemption for the movie permit for short shotguns and short rifles with the procedure for its issuance found at section 12095.


Secretary in the above refers to the Secretary of the Treasury, unless it says otherwise. The fee for the FFL to deal in DD’s is $1000 a year (type 09), and one must also be a special taxpayer, add another $500 a year. Making them requires a different $1000 a year FFL (type 10), although an individual may make them on a Form 1, tax paid ($200). Transfers require the whole routine just like full-autos; a form 4, $200 tax, a law enforcement sign-off, pictures and fingerprints. Most class 3 dealers don’t have the $1000 a year FFL to deal in DD’s. Note that antiques are excluded. Thus the definition of an antique NFA firearm is important.

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This certification is not really a big deal for the chief law enforcement officer (CLEO) making it, and it DOES NOT expressly make the CLEO legally responsible for the weapon or your use of it, or its theft. I have not heard of any successful case against a CLEO for signing the certification for a gun that was criminally misused. That is, in my opinion, a spurious excuse for not signing. There is even a case addressing this issue, Searcy v. City of Dayton, 38 F.3d 282 (6th Cir. 1994). The estate of a drug dealer murdered by an off duty Dayton, Ohio, police officer with his personally owned “Mac-11″ machine gun sued the city that employed the cop. One of the grounds for suit was the police chief’s having signed the transfer paperwork for the murder weapon. The court held that that claim should have been dismissed by the trial court; without a showing that somehow the act of signing was negligent, (under Ohio law) and led to the harm (murder) complained of, there was no cause of action. Signing the form was not negligent in itself, nor was it a reckless or wanton act, as the trial court claimed the plaintiff could try to prove at trial. Although this case is only directly binding on the area of the 6th circuit, and need not bind state courts, the court recognized what common sense, and the certification say, the person signing does not open himself up to any liability by doing so.


These weapons may also be further regulated by states or localities, and while these weapons can be legally owned under federal law, some states and localities further regulate ownership or prohibit it (see below). The NFA Branch of ATF administers the National Firearms Registration and Transfer Record, which necessarily encompasses most of the NFA regulation.

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As to surrendering your 4th amendment (search and seizure) rights, this is definitely true when one gets a Federal Firearms License. The law allows the ATF to inspect your records and inventory once every 12 months without any cause, and at any point during the course of a bona fide criminal investigation (18 USC sec. 923(g)). They may inspect without warning during business hours. The only modification of the above pertains to the C&R FFL (type 03) where ATF must schedule the inspection, (C&R FFL holders do not have business hours) and they must have the inspection at their office nearest the C&R FFL holders premises, if the holder so requests. ATF may look around the licensed premises for other weapons not on your records. This means they take the position that if your licensed premises are your home they may search it, as part of the annual compliance inspection. The constitutionality of the warrantless “administrative search” of licensees provided for in the Gun Control Act has been upheld by the US Supreme Court, see U.S. v. Biswell, 406 U.S. 311 (1972). Biswell was partially overturned by Congress by 1986 changes to the requirements for a warrant under the GCA, but the administrative search provisions remain.



ar 15 scopes

We pick the Trijicon TA31TRD because it offers the best of both worlds. You have the red dot sight on top with the 4x ACOG and a bullet drop compensating, illuminated reticle. The only problem with this scope is the cost! The solution is the new 3-9×42 with red dot AR-15 scope! This is the scope you’ve been searching for and it won’t take you’re whole paycheck to get it! I have the Leupold VX-III 1.5-5×20 with illuminated duplex reticle on my target M4. I like it as an "all around" AR-15 scope. The 1.5x and long eye relief makes for quick target acquisition and you turn zoom up to 5x for precision or longer range shooting. The 2-7x Tactical scope is also a solid choice for an "all purpose" AR-15 scope. Similar to my Leupold mentioned above, the 2x gets you on target fast and you can zoom all the way up to 7x for precision shots. I think the 2-7x Tactical scope is also a great choice for military guys looking for a scope for use in Iraq or Afghanistan. The 4x, 2-7x, and 3-9x Tactical scopes are rugged, hard core units and will stand up well under harsh conditions. The 2-7x is excellent for a Designated Marksman. Long Range Scope – In the long range category, it comes down to whether you want a 4.5-14x or 6.5-20x or similar variant. What you are shooting at and how far away you want to shoot should be your primary concerns. If you are shooting prairie dogs at a few hundred yards, we prefer the extra magnification of the 6-20x scopes.

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As 26 USC sec. 7342 provides for the penalty for a refusal to permit entry under section 7606 it is worth a look:



MagpulMIAD – Misson Adaptable AR15/M16 Grip Basic Kit

The MagpulMission Adaptable Grip(MIAD) is a drop in replacement for the pistol grip on the M16/M4/Ar15 series of rifles.

  • It features removable and replaceable front and rear panels for a custom fit over multiple hand sizes.
  • Grip features improved ergonimics and positive rough texture on both sides and rear backstraps
  • Features a removable inner core that allows for storage (3 round plug included) Custom storage of batteries (waterproof) or bolt/firing pin is available with optional cores.
  • Basic Kit includes 3 size backstraps (s,m,l), 2 frontstraps, 3 round core plug, installation hardware.

MIAD RESOURCES

Features

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state MG SI SR SG AOW LBDD EXPDD Comments
AK Y Y Y Y Y Y Y
AL Y Y N N Y Y ?
AR Y Y Y Y Y Y ? (state registration of pistol
cal. MG’s over .30)



Aimpoint ml3

Like the CompM3, the CompML3 features our breakthrough Advanced Circuit Efficiency Technology (ACET) that gives the sight unparalleled battery life and ease of use. Built primarily for use in daylight and in low light conditions for law enforcement and military applications, the CompML3 will hold up under the roughest physical handling and most severe weather conditions. It is the perfect choice for professionals, hunters and sport shooters who don’t need night vision device compatibility but want an extremely tough and reliable sight. For night vision compatibility we recommend the CompM3. The CompML3 comes with a replaceable outer black rubber cover, which protects it from scratching and adds an additional stealth factor. The outer cover is also available in Dark Earth Brown… perfect camo for use in the desert and in the jungle.Click here for more info on the covers. Unique features for CompML3 Designed for day use, including dusk and dawn New technology called ACET allows 50,000 hours of operation on one battery Available in 2 dot sizes (2 and 4 MOA)Submersible to 135 feet (45 meters)Outer rubber cover now available in earth brown Comes with replaceable outer black rubber cover Reduced training time and ammunitionUnique features for CompML3 Designed for day use, including dusk and dawn New technology called ACET allows 50,000 hours of operation on one battery Available in 2 dot sizes (2 and 4 MOA) Submersible to 135 feet (45 meters) Outer rubber cover now available in earth brown Comes with replaceable outer black rubber cover Reduced training time and ammunition Standard features for all Aimpoint

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