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Posted: 11/23/2014 9:03:27 PM EDT
[#1]
There is a local guy here that found a Sten in an attic of a house that his wife had lived in.Thought it was cool and decided to fix it up and make it functional. Fast forward a couple of years and decides to ask his wife for a divorce after she had been drinking. She gets mad and calls the cops and says he hit her and has a .357. The cops show up and notice the Sten which was in plain view. They get a search warrant and he goes to jail.
There was drug paraphernalia and other guns in the house but due a plea agreement those charges and the assault charges were dismissed. He claimed that he didn't know it was a machine gun until he got it fixed. His lawyer argued for probation but he got 18 months in federal prison and two years probation. |
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Posted: 11/23/2014 9:51:18 PM EDT
[#2]
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Anyone have a citation on this? Quote HistoryQuoted:
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I'm not sure of the punishment, but I would assume it is likely an "add-on charge" for a bad guy. But I am talking out of my ass. Actually the only case I have ever seen of this was just that. An add on charge. The guy was arrested for drug charges, according to the docket they searched his place, found a complete ar15 rifle, and a short barreled upper by itself and called it "Constructive intent to make an illegal weapon". Anyone have a citation on this? http://caselaw.findlaw.com/us-11th-circuit/1211612.html |
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Posted: 11/23/2014 10:11:51 PM EDT
[#3]
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I'm not sure of the punishment, but I would assume it is likely an "add-on charge" for a bad guy. But I am talking out of my ass. Actually the only case I have ever seen of this was just that. An add on charge. The guy was arrested for drug charges, according to the docket they searched his place, found a complete ar15 rifle, and a short barreled upper by itself and called it "Constructive intent to make an illegal weapon". Anyone have a citation on this? http://caselaw.findlaw.com/us-11th-circuit/1211612.html "The short-barreled upper receiver unit's flash suppressor had been welded permanently to the rifle barrel, and when law enforcement officials measured the rifle barrel “from the chamber end to the end of the flash suppressor,” they determined the length to be fourteen inches" 
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Posted: 11/23/2014 10:14:31 PM EDT
[#4]
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Up to 10 years and $250,000 on a federal charge Quote HistoryQuoted:
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10 years and $250,000 fine. Don't indulge your curiosity. Pay the $200. Up to 10 years and $250,000 on a federal charge Don't forget the part where they confiscate your vehicle or your home. |
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Posted: 11/23/2014 10:22:35 PM EDT
[#5]
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I find this extremely hard to believe Quote HistoryQuoted:
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10 years prison. I find this extremely hard to believe Depends. Are you white? If so, believe it. |
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Posted: 11/23/2014 10:42:14 PM EDT
[#6]
Quote HistoryQuoted: I was at a local range here in Houston about a year or so ago and two guys next to me were shooting a SBS they had made not an hour earlier. When the range master came by and asked me if I had paper work for my NFA items. I showed him my forms and he said thanks and asked the guys with the SBS. They proceeded to tell him how they were Americans and this was a free country and that they didn't need no damn paper work. The guy said thanks and went inside. A short time later an agent comes over and asked to see paperwork for the SBS. They proceed to tell him that this is America and that they paid for the shotgun and that they should be able to do whatever they want with it. The officer shakes his head and explains the law and the penalty for not having paper work and the two asses start arguing with the agent. The agent asked them several times to merely take the weapon home and not bring it back and they continued to argue the issue. You could tell the officer was trying to be cool and really didn't wanot to arrest the two young guys. Finally a couple of us stepped in and explained that the agent was giving them a chance to leave and not comeback or be arrested. They packed up an hauled ass. He then asked to see everyone else's paperwork and then went into the office. Later the range master came by and I asked him what was up with that officer showing up. He said that they have to call and report illegal activity or they can be shutdown. Long story short, I guess you can get caught and what happens depends on how cool the officer wants to be. But why take that chance? I would hate to live my life looking over one shoulder because of a $200 tax stamp. In the future remember that your Form 1 or Form 4 are "Personal" Tax records, who ever asked for your paperwork needed a Federal Warrant
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Posted: 11/23/2014 10:45:33 PM EDT
[#7]
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In the future remember that your Form 1 or Form 4 are "Personal" Tax records, who ever asked for your paperwork needed a Federal Warrant Quote HistoryQuoted:
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I was at a local range here in Houston about a year or so ago and two guys next to me were shooting a SBS they had made not an hour earlier. When the range master came by and asked me if I had paper work for my NFA items. I showed him my forms and he said thanks and asked the guys with the SBS. They proceeded to tell him how they were Americans and this was a free country and that they didn't need no damn paper work. The guy said thanks and went inside. A short time later an agent comes over and asked to see paperwork for the SBS. They proceed to tell him that this is America and that they paid for the shotgun and that they should be able to do whatever they want with it. The officer shakes his head and explains the law and the penalty for not having paper work and the two asses start arguing with the agent. The agent asked them several times to merely take the weapon home and not bring it back and they continued to argue the issue. You could tell the officer was trying to be cool and really didn't wanot to arrest the two young guys. Finally a couple of us stepped in and explained that the agent was giving them a chance to leave and not comeback or be arrested. They packed up an hauled ass. He then asked to see everyone else's paperwork and then went into the office. Later the range master came by and I asked him what was up with that officer showing up. He said that they have to call and report illegal activity or they can be shutdown. Long story short, I guess you can get caught and what happens depends on how cool the officer wants to be. But why take that chance? I would hate to live my life looking over one shoulder because of a $200 tax stamp. In the future remember that your Form 1 or Form 4 are "Personal" Tax records, who ever asked for your paperwork needed a Federal Warrant Not in all states. In many states those "tax" records are an affirmative defense to the item being illegal. |
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Posted: 11/23/2014 10:50:13 PM EDT
[#8]
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David Olafsson, IIRC. Yeah, he got screwed by the ATF on that deal.  Quote HistoryQuoted:
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who was the arfcomer that lent out his ar15, then got sold down the river by the guy he lent it to. BATFE tards pulled out all the stops to get him to. must have been 5ish years ago. Wasn't it a malfunctioning (doubling) Olympic arms AR he was going to sell to someone? It wasn't modified, it was defective if I recall. Makes no difference to them. He got prison time. David Olafsson, IIRC. Yeah, he got screwed by the ATF on that deal. That's the guy. |
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Posted: 11/23/2014 10:54:08 PM EDT
[#9]
Quote HistoryQuoted: Not in all states. In many states those "tax" records are an affirmative defense to the item being illegal. Quote HistoryQuoted: Quoted: In the future remember that your Form 1 or Form 4 are "Personal" Tax records, who ever asked for your paperwork needed a Federal Warrant Not in all states. In many states those "tax" records are an affirmative defense to the item being illegal. Am I reading that right? The Form 1 or Form 4 would be illegal? Your Tax records are personal and confidential |
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Posted: 11/23/2014 11:00:16 PM EDT
[#10]
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Am I reading that right? The Form 1 or Form 4 would be illegal? Your Tax records are personal and confidential http://www.law.cornell.edu/uscode/text/26/6103 Quote HistoryQuoted:
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In the future remember that your Form 1 or Form 4 are "Personal" Tax records, who ever asked for your paperwork needed a Federal Warrant Not in all states. In many states those "tax" records are an affirmative defense to the item being illegal. Am I reading that right? The Form 1 or Form 4 would be illegal? Your Tax records are personal and confidential http://www.law.cornell.edu/uscode/text/26/6103 What that ignores is that in specific states, NFA items are illegal but an affirmative defense from prosecution is your tax stamp. So while you can play the "personal tax document" card, the states that have laws on hand like the aforementioned, you will be arrested and thrown in jail until you present the "tax document" and you will have to present that tax document as your defense when you go to trial if you don't want to get convicted. |
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Posted: 11/23/2014 11:08:22 PM EDT
[#11]
Quote HistoryQuoted: Most of the people charged federally with an NFA violation get probation as long as they weren't intending on doing anything illegal with the NFA device. Now if it happens in NJ... Jail and not for just a visit. |
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Posted: 11/24/2014 12:43:19 AM EDT
[#12]
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Bullshit. He asked a question, and in no way implied any intent to do anything. Quote HistoryQuoted:
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JMHO: CoC #4: OP wants to discuss illegal activity related to firearms. Dear StretchyWatever, Go discuss illegal activity with your lawyer, not here. Bullshit. He asked a question, and in no way implied any intent to do anything. No, no BS at all. That actually is my opinion as I stated - J_M_H_O: Of course, my opinion could be wrong, but there's no reason to get hostile about it, as it is just MY opinion. Maybe it isn't a BATFE troll post looking for someone to "help" OP by making him feel ok about doing the big no no, or hoping some doofy will post a way to do the no no and get away with it. Then again, maybe if someone does that, they get popped and no harm to the community???? Pardon if raising my hand in concern is a "Bullshit" thing to do, or if I didn't do it in the exact right words to suit you. |
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