In all likelihood 18 USC sec. 922(o), the ban on civilian possession of machine guns registered after the law took effect, or never registered, precludes an Amnesty (as provided for under existing law) for machine guns. You could register it, and comply with the NFA, but you would still be in violation of sec. 922(o), because the gun would have been registered after the law took effect. The penalties are the same under either law. One could register all other categories of NFA guns at an Amnesty. Congress could also pass a law providing for an Amnesty, and override 922(o) in that manner.



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In all likelihood 18 USC sec. 922(o), the ban on civilian possession of machine guns registered after the law took effect, or never registered, precludes an Amnesty (as provided for under existing law) for machine guns. You could register it, and comply with the NFA, but you would still be in violation of sec. 922(o), because the gun would have been registered after the law took effect. The penalties are the same under either law. One could register all other categories of NFA guns at an Amnesty. Congress could also pass a law providing for an Amnesty, and override 922(o) in that manner.

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Form Title —————————————————————– 6 (5330.3A) – (Part I) Application and Permit for Importation of

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Transporting NFA firearms In terms of moving the weapons around, the following applies. If you are transporting the weapons within your state, it is wise to keep a photocopy of the …






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26 USC sec. 5845(a) (3) a rifle having a barrel or barrels less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;

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26 USC sec. 5845(g) “Antique firearm.-The term ‘antique firearm’ means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replicas thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.”

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What are NFA Weapons?
There are two kinds of firearms under U.S. (federal) law, title 1 firearms and title 2. Title 1 firearms are long guns (rifles and shotguns), handguns, firearm frames or receivers, and most NFA weapons are also title 1 firearms. Title 2 weapons are NFA weapons. Title 2 of the 1968 Gun Control Act is the National Firearms Act (26 USC sec. 5801 et seq.), hence NFA. Title 1 is generally called the Gun Control Act, (18 USC sec. 921 et seq.). NFA weapons are sometimes called class 3 weapons, because a class 3 SOT (see below) is needed to deal in NFA weapons.

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This reporting requirement only applies to FFL holders, that is folks licensed by ATF to make, sell, import or collect guns. This does not include folks who just own an NFA weapon.

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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:



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Step 3: get back to ATF, Send them copies of the rejection letters, and ask that they accept a letter of police clearance, or a police letter saying you have no criminal record/history with them, in lieu of the certification, together with your certification that you are OK, and that the weapon would be legal for you to have where you live. They will either respond OK, or with more persons to try. If you reach the point where they will not accept the police clearance letter, and not designate someone who has not turned you down, you can sue, if the certification is for a Form 1, or the transferor (seller) on a Form 4 can sue.

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Some examples of what is a DD and what is not:

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As this does constitute the addition of existing unregistered weapons to the Registry, in my opinion the Secretary should have used the amnesty procedures in the 1968 GCA. He did not because he did not want folks to be able to register any unregistered NFA weapon, there is not a procedure for limiting the scope of an amnesty (although I suppose the Secretary of the Treasury could have made one up, and let people sue him). However the fact that ATF chose not to either grandfather these shotguns, like they did with the open bolt MAC style semi-autos, or pre 11/81 AR-15 Accessories drop in auto sears, or have an amnesty, and require they be registered, in my opinion will cloud any attempts to prosecute persons possessing these weapons without having registered them.



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