I have heard on multiple gun videos, internet chat, bubbas at gun stores that any NFA viotion is automatic 10 years in prison. However reading about the guy that made his suppressor and got three years of jail and probation contradict this. Does the defendant pled bargain out or is the federal sentencing guidelines less severe then what most people think it is?  

This is strictly for education I don't have any illegal NFA items or plan to commit a crime.

After you pay for the first one, the rest are free.

Nvm

A troll account from 07?

With 23 pos EE feedback??

The simple answer is no ..... My neighbor is a county lawyer and has seen several cases with illegal SBS and the were plead down.

...

Isn't there some 30 mandatory if you commit an offence with a suppressor ?

Read an article in a US law review once

Nope not a troll, just curious about NFA laws

It's a hellofa penalty for a 200 dollar tax violation.

FPNI.

However...

There are a bunch if local rednecks in my area that don't have a clue how NFA works, particularly with SBRs. Anytime some idiot posts a picture of their pistol with a stock on it, I make sure to mention that unless they register it, they're asking for 10 years in prison, $250k fine, and a loss of their 2A rights. Will they really get the full sentence if caught? Probably not, but it still helps to make them realize the severity of being ignorant to gun laws.

I just tell them to be more careful and convert it to a pistol when they transport it.

I think there are no "stupid questions" about the NFA.....

Glocktalk asks a question that is most folks are afraid to ask.  It's always wise to see what is going on in your "area of operations" so to speak. Let's face it an "accidental" or unknowing NFA violation is quite easy to occur.  (for example: If you ever conceal a pistol gripped shotgun of any size on your person you just "made" an Any Other Weapon or AOW and VIOLATED the NFA).

Having been exposed to a couple of dozen NFA cases as a consultant or expert witness, information provided is correct.   Up to 10 years per, guidelines sometimes allowing little or no prison time, but federal probation instead....still a convicted felon.

Most assistant US attorneys are decent folks, but who have no clue about the NFA except in the most general of terms....  They will solely rely on the ATF Chief Counsels Office for all case info.  In effect that ATF attorney is the gatekeeper of all documents and evidence asked for by the courts.  Why?  Well if the assistant US attorney has no knowledge of the document they can in effect swear it doesn't exist (and not face sanction if it's ever found either!)

The ATF is in effect the Assistant US Atty, more than one case the ATF attorney made a "Special US attorney".  As a tactic if things get going south on an NFA case, the ATF will follow up an original indictment with a "spaghetti plate special" where this new indictment with be everything conceivable thrown at the defendant in new charges....sometimes into the 100's.  They will crawl into every aspect of your life down to checking mattresses to inspect for warning tag removal.

The payoff for doing this is it almost always results in a plea arrangement (99% of the time)...You simply will run out of money in just preparing a defense on all of them.  The ATF and DOJ will simply outspend you in man hours and expenses.

If you manage to "win", the ATF chief counsel attorney will high five the agent and say "Well he paid one way or another".   Meaning you just spent on average $200,000 to stay out of prison.  You are a broke, 80% or better of the time divorced within a year or two, and the process of going through ATF/DOJ meat-grinder changed you forever.

As a now retired ATF senior employee once told me on July 7, 2003; "Len, We(ATF) don't burn people down physically anymore, We burn them down financially, Call it an Economic Waco".  He went on to say He had the power, the authority, and more importantly the checkbook of the United States....



 

Truth

wow!

also, i'm a big fan of your work... you've made some cool shjit.

Len your work is much appreciated from those of us here.

Most still do not get caught.  And usually when they are it is because of what you mentioned in your post.  Taking photos and posting it on facebook, youtube or some other social media.   Most do not do this and never will be caught.  

You have a more likely chance of being struck by lightning than being caught with a NFA violation if you do not advertise it.

I wouldn't call that son of a bitch an American.





 

Its called forward tracking, & usually belongs to a Team or Section, I guess they are just saving $24 for the coffee fund.  



 

A few months ago, there was a MAK-90 thay came up for sale locally. It was in great condition, but it had a third pin hole. The owner had NO clue of what he had. I can only imagine the frustration of somebody like that getting caught and not understanding how their semi auto is actually a "machinegun" and that they're now a felon.

IF they get caught. IF.

Maybe it is just on some people minds.

a reminder that $200 is cheaper than any lawyer and why you pay to play

Don't forget the 8 months of your life, waiting.

If the tax stamp were cash and carry, I would have 3x as many NFA toys.

You're going to go through that 8 months of your life anyway, so might as well have a stamp waiting for you at the end of the 8 months.

When in court, just ask for "that Eric Holder defense thing"

Damn right.

It also depends on the firearm and violation.  They may let you willingly surrender the firearm without penalty.

Thank you based Sig.

Federal firearm felony sentencing guidelines: http://dc.fd.org/sentencing/firearms_cheatsheet.pdf

Few realize how very real and possible this is. I got to live it many yeas ago. At the conclusion of an audit - where everything was found to be in order, mind you - an IRS agent looked across the table at my father and said "I don't like you, Mr. Vortec." She then stood up an theatrically stated "I have reason to believe there is fraudulent activity taking place." And so it went.

I was about ten then. I go to spend the next few years watching them systematically take my old man apart. We lost the company, the farm, my parents divorced, etc. When there was nothing left to take from my father they came after my mother, who was by that time working 32 hours a week at a grocery store. Words cannot describe...

I believe the fine is up to $10,000, but it doesn't matter much at that point I'd imagine.

Also, the 10 years + $10k is for each charge of manufacturing, possessing, and transferring an unlicensed NFA device.

So if you drilled an extra hole in your lower and gave it to a friend, they'd potentially nail you for up to 30 & 30.  But don't worry, they'd let you plead down to maybe 9 years if you were cooperative.

For a $200 tax, that you're not allowed to pay.

Just keep in mind as of last year Obama's staff owed over $800,000 in back taxes.  What should be the penalty for that?

LOL, that's comical.

victimless crimes...sigh....

wasn't there a good quote by Aristotle/Socrates/Plato about laws that are either unenforceable and/or victimless?

 

 

I know of someone that got caught with 11 unregistered MGs. Not sure what his sentence was but, he was out in 18 months.

He later robbed a bank and got 15 years...  

they just need to make it easier to pay the tax on suppressors,talk about an income maker



nics

pay tax to dealer

walk out the door with new suppressor

Not worth it.  Don't even think about it because someone will find out and rat you out.  Do it the right way and be safe.