Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Log In

A valid email is required.
Password is required.
Posted: 12/17/2001 9:14:26 AM EST
[Last Edit: 12/17/2001 9:07:07 AM EST by JayC]
Link Posted: 12/17/2001 9:25:25 AM EST
I'll belive when they start selling post sample machine guns again.

If it sounds too good to be true, it most likley is!
Link Posted: 12/17/2001 10:08:00 AM EST
[Last Edit: 12/17/2001 10:01:10 AM EST by 5subslr5]
"Armed_Scientist"
If it sounds too good to be true, it most likley is!

"Dual-Armed Scientist" each time I see your by-line I think of this:
If we don't get off this tiny planet before expending the natural resources we'll die here as a people.
If we establish a permanent lunar colony and then a Mars colony I believe there are resources available within our solar system to take us to the near-stars and then on to the ........?
Question is will we ever have a government capable of thinking beyond today ?
(Obviously a multi-country effort will be needed.)
Just bought Stephen Hawking's new book "The Universe in a Nutshell." If this guy can make me understand string theory much less superstring theory he will be truly great !

My apologies for being off-topic.
Link Posted: 12/17/2001 10:15:15 AM EST
Even the latest challenge to the forcing of approval by the "local law official" - sheriff, DA, etc. for transferring/acquiring a full-auto or other non-confirming weapon was thrown out of court earlier this year.

However, the judge did leave open the opportunity to again bring the suit. If I remember correctly those bringing the suit didn't have the standing to properly pursue the suit. If I remember correctly.
Link Posted: 12/17/2001 11:19:51 AM EST
I addressed this once before in (I think) the M16 forum. The problem with Rock Island in the C.D. of Illinois and with Daulton in the 10th is that they are somewhat old cases and the reasoning applied therein has been soundly rejected by all other circuits. Rock Island has actually been overruled by US v. Ross in the 7th circuit. Daulton raises the same issue in the 10th circuit, and as far as I know Daulton still stands in the 10th, but only because the 10th Circuit hasn't had an opportunity to revisit the issue since 1992. Basicly, I think when Daulton was originally brought, the judges simply weren't as sharp as those in other circuits. If you read the dicta, its fairly clear that they didn't want to invalidate the NFA, but they couldn't find a way to reconcile the NFA with 922(o). All other circuits that have addressed the issue have found that the 922(o) didn't repeal the NFA as was found in Daulton and RIA, but that 922(o) works together with the NFA. That is, since an individual can't register and pay the making tax on a machinegun made after May 1986, the only way to avoid prosecution is to not possess or deal in machineguns made after 1986.
Link Posted: 12/17/2001 7:14:00 PM EST
Um, Er, Uh...

Could someone please decipher that link for those of us without a college education...

I interpret it as meaning...

Civilian owned Post-'86 MG's are free of any tax or registration...

Civilian owned Pre-'86 MG's require registration & $200 tax stamp...

Am I dreaming ???
Link Posted: 12/18/2001 12:45:34 AM EST
Like shaggy said, that case isn't widely cited as precedent. Courts basically pick and choose which other cases they want to cite as precedent and they have a lot to choose from other than this "rogue" decision. Besides, it was never appealed to the USSC so it only carries as much weight as lower courts want to give it.
Top Top