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Link Posted: 2/4/2016 11:05:43 PM EDT
[#1]
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Originally Posted By NoloContendere:
Watson's Reply Brief
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I really do enjoy reading these types of updates....

Thanks again Nolo!!
Link Posted: 2/4/2016 11:22:53 PM EDT
[#2]
When new MG's are finally legal my credit cards will be a cryin'
Link Posted: 2/4/2016 11:25:16 PM EDT
[#3]
Link Posted: 2/4/2016 11:58:09 PM EDT
[#4]
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Originally Posted By The_Hammer:
When new MG's are finally legal my credit cards will be a cryin'
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I'll let loose tears of joy and freedom long before the first bill is due.
Link Posted: 2/5/2016 12:36:20 AM EDT
[Last Edit: TheSpaniard] [#5]
Kolbe v. Hogan, requiring application of strict scrutiny to Maryland's "assault weapon" and mag ban, is a good read for sure.  One thing to keep in mind though: Maryland's AG has already declared his intention to seek en banc review and, failing such relief, certiorari.  This is one of the biggest post-Heller 2A victories.  I just hope it sticks.
Link Posted: 2/5/2016 1:27:37 AM EDT
[#6]

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Originally Posted By NoloContendere:


Watson's Reply Brief
View Quote
Good job sir. I loved the part pushing for discovery of the "list"! I wonder if that will get addressed? I see you threw in the DHS use of the automatic weapons for self defense also!

 



Excellent work. It really does bring a smile to my face reading that stuff.
Link Posted: 2/5/2016 7:31:11 AM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SageEBR:

ATF: ...ladies and gentlemen of this supposed jury, I have one final thing I want you to consider. Ladies and gentlemen, this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk. But Chewbacca lives on the planet Endor. Now think about it; that does not make sense!

Nolo: Damn it! ... their using the Chewbacca defense!

ATF: Why would a Wookiee, an 8-foot-tall Wookiee, want to live on Endor, with a bunch of 2-foot-tall Ewoks? That does not make sense! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense! Look at me. I'm a lawyer defending a major government agency, and I'm talkin' about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense! If Chewbacca lives on Endor, you must ban machine guns! The defense rests.
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Originally Posted By SageEBR:
Originally Posted By shaun315:
Originally Posted By NoloContendere:
Watson's Reply Brief


Great read, much easier to follow than the ATF's circular Chewbacca defense type drivel.


ATF: ...ladies and gentlemen of this supposed jury, I have one final thing I want you to consider. Ladies and gentlemen, this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk. But Chewbacca lives on the planet Endor. Now think about it; that does not make sense!

Nolo: Damn it! ... their using the Chewbacca defense!

ATF: Why would a Wookiee, an 8-foot-tall Wookiee, want to live on Endor, with a bunch of 2-foot-tall Ewoks? That does not make sense! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense! Look at me. I'm a lawyer defending a major government agency, and I'm talkin' about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense! If Chewbacca lives on Endor, you must ban machine guns! The defense rests.


Maybe Chewbacca likes little people?
Link Posted: 2/5/2016 8:08:27 AM EDT
[#8]
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Originally Posted By NoloContendere:
Watson's Reply Brief
View Quote

BRAVO!!!!!!!!!!!!!!   Eminently reasonable, and, it appears, a SOLID Kick to the nuts.
Link Posted: 2/5/2016 9:33:32 AM EDT
[#9]
Link Posted: 2/5/2016 9:51:25 AM EDT
[#10]
can someone explain the brief to me at a third grade reading level, maybe with some colorful pop up pictures
Link Posted: 2/5/2016 10:46:36 AM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Tohbii:
can someone explain the brief to me at a third grade reading level, maybe with some colorful pop up pictures
View Quote


Wait around. If we win this case will be taught in law schools.
Link Posted: 2/5/2016 10:53:41 AM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By williewvr:

I just wish he had worked in the ATFs loss of several M4s from various "secured" cars over the years. Even the ATF has MGs for defense.
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Originally Posted By williewvr:
Originally Posted By IHTFP08:
boom. good reply.

i like shifting the burden on the govt to prove legal mgs are dangerous, and the speculation of what "could" happen if misused by a criminal.

I just wish he had worked in the ATFs loss of several M4s from various "secured" cars over the years. Even the ATF has MGs for defense.

More info on this?
Link Posted: 2/5/2016 10:58:23 AM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SageEBR:

ATF: ...ladies and gentlemen of this supposed jury, I have one final thing I want you to consider. Ladies and gentlemen, this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk. But Chewbacca lives on the planet Endor. Now think about it; that does not make sense!

Nolo: Damn it! ... their using the Chewbacca defense!

ATF: Why would a Wookiee, an 8-foot-tall Wookiee, want to live on Endor, with a bunch of 2-foot-tall Ewoks? That does not make sense! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense! Look at me. I'm a lawyer defending a major government agency, and I'm talkin' about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense! If Chewbacca lives on Endor, you must ban machine guns! The defense rests.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SageEBR:
Originally Posted By shaun315:
Originally Posted By NoloContendere:
Watson's Reply Brief


Great read, much easier to follow than the ATF's circular Chewbacca defense type drivel.


ATF: ...ladies and gentlemen of this supposed jury, I have one final thing I want you to consider. Ladies and gentlemen, this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk. But Chewbacca lives on the planet Endor. Now think about it; that does not make sense!

Nolo: Damn it! ... their using the Chewbacca defense!

ATF: Why would a Wookiee, an 8-foot-tall Wookiee, want to live on Endor, with a bunch of 2-foot-tall Ewoks? That does not make sense! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense! Look at me. I'm a lawyer defending a major government agency, and I'm talkin' about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense! If Chewbacca lives on Endor, you must ban machine guns! The defense rests.

I thought the Wookie lived in DC at 1600 Pennsylvania Ave?
Link Posted: 2/5/2016 11:03:47 AM EDT
[#14]
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Originally Posted By Undefined:


Wait around. If we win this case will be taught in law schools.
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Originally Posted By Undefined:
Originally Posted By Tohbii:
can someone explain the brief to me at a third grade reading level, maybe with some colorful pop up pictures


Wait around. If we win this case will be taught in law schools.


Well said. It's truly incredible to see this all unfold, and I'm cautiously optimistic at this point.
Link Posted: 2/5/2016 11:10:01 AM EDT
[#15]
Link Posted: 2/5/2016 11:11:30 AM EDT
[#16]
Awesome read, cant wait to see the legal knots they twist themselves into so they can say the gay marraige ruling does not apply
Link Posted: 2/5/2016 11:17:44 AM EDT
[Last Edit: Third_Rail] [#17]
The parting conclusion, after all of the citations and logic coming before, is simply exquisite.

There is no question that Appellant Watson’s M-16 is the quintessential military and militia rifle of its time, and thus, is protected under the Second Amendment.
View Quote
Link Posted: 2/5/2016 11:36:50 AM EDT
[#18]
Can you give me some cliff notes I can't open the PDF on my iPad
Link Posted: 2/5/2016 11:39:33 AM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By tr6r:
Can you give me some cliff notes I can't open the PDF on my iPad
View Quote


Nolo just threw a bunch of very recent cases to embarrass the atf.  You know... those cases that democrats loved because of equal rights and their feelings... yea, he used those against em.
Link Posted: 2/5/2016 11:47:29 AM EDT
[#20]
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Originally Posted By Chris0013:


Maybe Chewbacca likes little people?
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Chris0013:
Originally Posted By SageEBR:
Originally Posted By shaun315:
Originally Posted By NoloContendere:
Watson's Reply Brief


Great read, much easier to follow than the ATF's circular Chewbacca defense type drivel.


ATF: ...ladies and gentlemen of this supposed jury, I have one final thing I want you to consider. Ladies and gentlemen, this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk. But Chewbacca lives on the planet Endor. Now think about it; that does not make sense!

Nolo: Damn it! ... their using the Chewbacca defense!

ATF: Why would a Wookiee, an 8-foot-tall Wookiee, want to live on Endor, with a bunch of 2-foot-tall Ewoks? That does not make sense! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense! Look at me. I'm a lawyer defending a major government agency, and I'm talkin' about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense! If Chewbacca lives on Endor, you must ban machine guns! The defense rests.


Maybe Chewbacca likes little people?


I mean, who doesn't like their dick to look bigger.
Link Posted: 2/5/2016 12:03:35 PM EDT
[#21]
Link Posted: 2/5/2016 12:05:57 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By AJ_Dual:

<a href="http://s156.photobucket.com/user/AJ_Dual/media/Chewbacca_acc3e0_5656250_zpsvek3sy3l.jpg.html" target="_blank">http://i156.photobucket.com/albums/t33/AJ_Dual/Chewbacca_acc3e0_5656250_zpsvek3sy3l.jpg</a>

Oh, and to keep it on topic. Sent the Heller foundation some more money.
View Quote


Leave it to GD to foster a situation resulting in fond memories of anal prolapse.
Link Posted: 2/5/2016 12:29:48 PM EDT
[Last Edit: semiautomatic] [#23]


Discussion ForumsJump to Quoted PostQuote History
Originally Posted By NoloContendere:



Watson's Reply Brief
View Quote





That was great!  Thank you for all the hard work that you and your team are doing.  










 




 
Link Posted: 2/5/2016 12:42:28 PM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Finnbear:

More info on this?
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Originally Posted By Finnbear:
Originally Posted By williewvr:
Originally Posted By IHTFP08:
boom. good reply.

i like shifting the burden on the govt to prove legal mgs are dangerous, and the speculation of what "could" happen if misused by a criminal.

I just wish he had worked in the ATFs loss of several M4s from various "secured" cars over the years. Even the ATF has MGs for defense.

More info on this?

Here's one. http://www.jsonline.com/watchdog/watchdogreports/leads-on-gun-stolen-from-atf-fizzled-out-ih9b3i8-201363991.html?ipad=y
Link Posted: 2/5/2016 1:41:02 PM EDT
[#25]
Will NOLO be involved with any fight with the NICS denials not being appealable?
Link Posted: 2/5/2016 2:38:21 PM EDT
[#26]
seems like the govt cant be trusted with machine guns either. i rarely hear about registered mgs being stolen or semis being converted, but govt guns being stolen. some solid atf work.
Link Posted: 2/6/2016 2:13:37 AM EDT
[Last Edit: FiddyoneGyrojet] [#27]
(ignore, no CCBS commands or permutations of a youtube URL work on this nightmare of a website)
Link Posted: 2/6/2016 2:21:26 AM EDT
[#28]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By IHTFP08:
seems like the govt cant be trusted with machine guns either. i rarely hear about registered mgs being stolen or semis being converted, but govt guns being stolen. some solid atf work.
View Quote


i have to say that it's probably due to no new MGs being registered, and registry being an upper class luxury before '86, no legal MGs are being nabbed because they effectively don't exist.  a civilian owner of any weapon they payed for with their own money does take much better care of their gear than any government agent or agency, simply because they payed for it themselves, and not with taxpayer money.  also, the ATF is a joke where the punchline is "they threw the flashbang on a baby and got suspended for a few months with pay", but you all knew that.
Link Posted: 2/6/2016 11:47:33 AM EDT
[Last Edit: Captain_Morgan] [#29]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By FiddyoneGyrojet:
(ignore, no CCBS commands or permutations of a youtube URL work on this nightmare of a website)
View Quote


Non-team accounts can't embed youtube videos.  If you post a vid, just use the URL tags around the link to the video.  If it's any good, someone will embed for you.


ETA: Corrected typo per below.
Link Posted: 2/6/2016 12:11:10 PM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Captain_Morgan:


Non-team accounts can't embed youtube videos.  If you post a vid, just use the URL tags around the link to the video.  If it's any good, someone will embed for you.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Captain_Morgan:
Originally Posted By FiddyoneGyrojet:
(ignore, no CCBS commands or permutations of a youtube URL work on this nightmare of a website)


Non-team accounts can't embed youtube videos.  If you post a vid, just use the URL tags around the link to the video.  If it's any good, someone will embed for you.

and then they get the cred for posting hotness? not worth it brah
Link Posted: 2/6/2016 7:53:16 PM EDT
[#31]
so theoretically, if/when this makes it to the supreme court and they rule in our favor would it strike down all AWB?
Link Posted: 2/6/2016 8:58:34 PM EDT
[Last Edit: Gamma762] [#32]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Prockdiddy:
so theoretically, if/when this makes it to the supreme court and they rule in our favor would it strike down all AWB?
View Quote

No, but it would establish a principle that could be cited in future lawsuits against those AWBs.

Then again, if MGs are a protected right, why bother with a mere "AW"
Link Posted: 2/6/2016 9:06:10 PM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Prockdiddy:
so theoretically, if/when this makes it to the supreme court and they rule in our favor would it strike down all AWB?
View Quote


No, the various cases out there concerning AWBs have that potential.
Link Posted: 2/6/2016 9:47:21 PM EDT
[#34]
Link Posted: 2/6/2016 10:04:43 PM EDT
[#35]
Link Posted: 2/6/2016 11:06:13 PM EDT
[#36]
Discussion ForumsJump to Quoted PostQuote History



Every time I read something from the DOJ I end up looking like

I do like the reply to their motion. Short, sweet, and no BS logic involved. Can't wait to see their response to that, but I bet it can be summed up as "nu-huh!"
Link Posted: 2/6/2016 11:08:41 PM EDT
[#37]
Discussion ForumsJump to Quoted PostQuote History


Wow, their response was very childish, yet again (surprise!).

Classy and straight to the punch response, yet again by Nolo and the team.  
Link Posted: 2/7/2016 9:05:48 AM EDT
[#38]
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THIS

Link Posted: 2/7/2016 9:24:45 AM EDT
[#39]
Simple reply.  Hopefully saving more bombs when you really need to go nuclear.
Link Posted: 2/7/2016 10:53:53 AM EDT
[#40]
so they aren't admitting its a mistake but are still claiming no approved forms after 5/19/86?
Link Posted: 2/7/2016 11:06:58 AM EDT
[#41]
Link Posted: 2/7/2016 11:11:58 AM EDT
[Last Edit: ejeviking] [#42]


Discussion ForumsJump to Quoted PostQuote History
So you are telling me that the Form 1 is STILL valid and has not been "un-approved" by the ATF???

 





Can't be. Our own resident ATF agent in this thread said it was revoked. (Maybe a different form 1?)







I can't find his post right now or I would link it.



 



I understand. we are talking the Form one that was submitted before the deadline and approved after.
Link Posted: 2/7/2016 11:18:10 AM EDT
[#43]
Link Posted: 2/7/2016 11:21:44 AM EDT
[#44]

Discussion ForumsJump to Quoted PostQuote History
Originally Posted By NoloContendere:
Different one
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Originally Posted By NoloContendere:



Originally Posted By ejeviking:


So you are telling me that the Form 1 is STILL valid and has not been "un-approved" by the ATF???  



Can't be. Our own resident ATF agent in this thread said it was revoked. (Maybe a different form 1?)





I can't find his post right now or I would link it.





Different one
Yup. got it.

 



Good morning sir. Well done. I just love their "I'm the .gov and I'll tell you what is relevant" attitude.




Hang 'em from a yardarm NOLO!
Link Posted: 2/7/2016 11:25:24 AM EDT
[Last Edit: Leisure_Shoot] [#45]
How "heavy" is the government defense of this case?  Are they using their biggest, heaviest lawyers to fight it, or is this somewhat flying under the radar and to some extent contained within a specific portion of the Justice Department and ATF?  IOW, is their back against a wall and they are fully engaged, or is this just another court case amongst hundreds of others that the government deals with?
Link Posted: 2/7/2016 11:43:29 AM EDT
[#46]

Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Leisure_Shoot:


How "heavy" is the government defense of this case?  Are they using their biggest, heaviest lawyers to fight it, or is this somewhat flying under the radar and to some extent contained within a specific portion of the Justice Department and ATF?  IOW, is their back against a wall and they are fully engaged, or is this just another court case amongst hundreds of others that the government deals with?
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While I don't have any idea who the .gov lawyers are, I would assume they are throwing some significant resources at these. There's a lot riding on the outcome of these two.

 
Link Posted: 2/7/2016 12:07:52 PM EDT
[#47]
Bump
Link Posted: 2/7/2016 1:17:30 PM EDT
[Last Edit: captainpooby] [#48]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Leisure_Shoot:
How "heavy" is the government defense of this case?  Are they using their biggest, heaviest lawyers to fight it, or is this somewhat flying under the radar and to some extent contained within a specific portion of the Justice Department and ATF?  IOW, is their back against a wall and they are fully engaged, or is this just another court case amongst hundreds of others that the government deals with?
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Leisure_Shoot:
How "heavy" is the government defense of this case?  Are they using their biggest, heaviest lawyers to fight it, or is this somewhat flying under the radar and to some extent contained within a specific portion of the Justice Department and ATF?  IOW, is their back against a wall and they are fully engaged, or is this just another court case amongst hundreds of others that the government deals with?


These are the two attorneys on the latest briefs or whatever they're called. They don't look like junior grade guys.


This is from Georgetown Law school:

Michael S. Raab


Appellate Litigation Counsel, U.S. Department of Justice, Civil Division, Appellate Staff, Adjunct Professor of Law
B.S., Indiana; J.D., Yale

B.S. with highest distinction, Indiana University; J.D., Yale. Professor Raab is an attorney with the Appellate Staff, Civil Division, of the U.S. Department of Justice. Previously, he was an associate with the firm of Wilmer, Cutler & Pickering and law clerk to the Honorable David M. Ebel, U.S. Court of Appeals for the Tenth Circuit.



This from the American University Washington College of Law


Patrick Nemeroff


Email: [email protected]  vCard

Patrick Nemeroff is an attorney on the Appellate Staff of the Civil Division of the U.S. Department of Justice. Before joining the Appellate Staff, he served for three years as a trial attorney in the Civil Division’s Federal Programs Branch. In those positions, Mr Nemeroff has represented the government in district courts and the federal courts of appeals in cases involving challenges to federal statutes, government policies, and the actions of federal officials. Before joining the Justice Department, Mr. Nemeroff clerked for Judge William A. Fletcher of the U.S. Court of Appeals for the Ninth Circuit. He received a B.A. from Yale University and a J.D. from Stanford Law School. He joined the Washington College of Law as an adjunct professor in 2013.


Currently Teaching
LAW-517-026 Lgl Rhtrc: Wrtng & Rsrch II


Degrees & Universities
B.A., Yale University (cum laude)
J.D., Stanford Law School (Order of the Coif; Urban A Sontheimer Third-Year Honor; Urban A. Sontheimer Second-Year Honor )

Link Posted: 2/7/2016 1:54:30 PM EDT
[#49]
Nolo...

Since the ATF never requires that an owner in anyway certify that an approved machine gun has actually been made into a machine gun.  Obviously one could surmise that if an approved build was later sold and transferred as a machine gun that it was most likely one, but at the end of the day, how exactly can the ATF verify that any approved machine gun was actual built into a machine gun prior to the 1986 cut off?

Not sure if that line of reasoning plays into your arguments somewhere but the thought occurred to me after reading your response to their response to your request.

What also struck me about your response is I can see them now going back and revoking every approved machine gun that was approved after May 12,1986 as they'd have to factor in mailing times from the time the form was approved, packaged and mailed to the person who submitted for approval and then time to manufacture.  Doing so would at least allow them to say "We just fixed that!" ...The fallout over at Subguns would be epic and I'd be curious to know if the ATF would be on the hook for any lost values in guns.

Wes
Link Posted: 2/7/2016 2:14:08 PM EDT
[#50]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Wangstang:
Nolo...

Since the ATF never requires that an owner in anyway certify that an approved machine gun has actually been made into a machine gun.  Obviously one could surmise that if an approved build was later sold and transferred as a machine gun that it was most likely one, but at the end of the day, how exactly can the ATF verify that any approved machine gun was actual built into a machine gun prior to the 1986 cut off?

Not sure if that line of reasoning plays into your arguments somewhere but the thought occurred to me after reading your response to their response to your request.

What also struck me about your response is I can see them now going back and revoking every approved machine gun that was approved after May 12,1986 as they'd have to factor in mailing times from the time the form was approved, packaged and mailed to the person who submitted for approval and then time to manufacture.  Doing so would at least allow them to say "We just fixed that!" ...The fallout over at Subguns would be epic and I'd be curious to know if the ATF would be on the hook for any lost values in guns.

Wes
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You can't make an omelet without breaking some eggs.

Those that thought they were IBTL are very likely going to get an expensive lesson.
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