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Posted: 1/22/2017 7:02:13 PM EDT
I have an (admittedly absurd but) interesting hypothetical.

Imagine that I live in Alaska (I don't). For sake of argument, let's say I have a weekly poker game that I promote to some friends (I don't). Word gets out, and I get arrested and convicted of Promoting Gambling in the First Degree, a Class C felony (I didn't). I serve my sentence, and my parole and/or probation have expired. I am now a prohibited possessor of firearms in the United States (I'm not).

As a prohibited person, according to Haynes v. US, I can't be prosecuted for failing to register a machine gun. So, I decide--in the privacy of my own home--to manufacture a machine gun from scratch in my home machine shop (I definitely did not). I cannot legally register it, and, in fact, I am exempt from the registration requirement.

Nobody knows I have this machine gun. I go deep into the woods, and dig a hole, into which I place a safe. I put the machine gun into the safe, along with incontrovertible proof that I manufactured the machine gun at home, during such time that I was a prohibited possessor.

Ten years passes from the discharge of my parole or probation. As a matter of law in Alaska, my firearms rights are restored. I then wait 5 years until the statute of limitations expires for illegally possessing a firearm as a felon. Then, I go out to my safe in the hole in the woods, and I get out my machine gun.

What is the status of my machine gun? It was exempt from registration requirements at the time of manufacture. There is no ongoing registration requirement; registration is only done at the time of manufacture or transfer. I am now legally allowed to own firearms. I possessed a firearm illegally as a felon, but the statute of limitations has expired, so I can't be prosecuted for doing so.

I have certainly committed crimes, but are any of them prosecutable? Is my machine gun now quasi-legal? I feel like I'm missing something that makes this obviously illegal, but I can't figure out what it is.

(Of course, I'm sure that in reality I'd be arrested and my gun would be impounded, and even if I beat the charge, I'd never get the machine gun back.)
Link Posted: 1/22/2017 7:03:35 PM EDT
[#1]
You are still in possession of an unregistered machine gun.
Link Posted: 1/22/2017 7:30:55 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You are still in possession of an unregistered machine gun.
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So is it just a 922(o) violation? What if it were a SBR or suppressor, instead of a machine gun?
Link Posted: 1/22/2017 8:09:11 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


So is it just a 922(o) violation? What if it were a SBR or suppressor, instead of a machine gun?
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It's violation of the National Firearms Act...... 26 USC ......same applies if it was a suppressor, SBR, SBS, or AOW......
Link Posted: 1/25/2017 12:02:56 AM EDT
[#4]
A felon cannot be prosecuted for failure to register does not equal a free pass for illegal manufacture of a machine gun, or possession, both of which are separate offenses.
Link Posted: 1/25/2017 9:06:18 PM EDT
[#5]
Lube up for another felony.
Link Posted: 1/28/2017 11:53:56 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Lube up for another felony.
View Quote


Yep, and add a bottle of Machine Gunners Lube for each round of ammunition you possess for said machine gun. If you look at NFA convictions, few people are charged with failure to register, it is much easier to prove unlawful possession.
Link Posted: 1/31/2017 11:41:58 PM EDT
[#7]
You are still a felon in possession of a firearm. You have access to it.
Link Posted: 4/22/2017 10:20:10 PM EDT
[#8]
Your gonna need a double shitload of pepper fur your angus!
Link Posted: 4/23/2017 3:11:29 AM EDT
[#9]
Link Posted: 4/23/2017 3:20:27 AM EDT
[#10]
Link Posted: 4/23/2017 5:30:05 AM EDT
[#11]
Even taking Federal law out of the picture you are still in violation of Alaska Statute 11.61.200 Misconduct Involving Weapons in the Third Degree.



.....
(3) manufactures, possesses, transports, sells, or transfers a prohibited weapon;
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.
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(1) "prohibited weapon" means any
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(C) firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger; or
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