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1/25/2018 7:38:29 AM
Posted: 6/3/2001 12:54:44 PM EST
Is it legal to own one that is not registered or one of those you could order out of the SGN,if you don't own an AR or any other AR parts?
Link Posted: 6/3/2001 1:03:37 PM EST
With regard to unregistered DIAS's, in US v. Cash, the 7th US Circuit held that they are unregistered machineguns in and of themselves and thus prohibited by 922(o). Like it or not, it was a very well reasoned opinion, by a fairly prominent judge (Easterbrook). While the issue has not been tested in any other circuit, when/if it is, you can bet your bottom dollar they'll follow the 7th. Now thats just with respect to possession of a DIAS alone. If you own an AR15, you're in deep kimchee in any circuit.
Link Posted: 6/3/2001 2:00:04 PM EST
Shaggy, Great cite. I had never read that opinion; it is well reasoned as you say and makes sense, even though in a narrow fact scenario. Thanx.
Link Posted: 6/3/2001 2:57:32 PM EST
Steve - I think the full effect of Cash may have yet to be seen. Someone much smarter than myself pointed it out on the subguns board a little while ago; whats the impact on the manufacture and possession of open bolt semis? If, as the logic in Cash goes, BATF does not have the power to declare a certain weapon (or part) a machinegun and simultaneously "grandfather" certain ones, what is the status of open bolt semis manufactured prior to BATFs ruling that open bolt semis made after the ruling are MGs? My guess is that all unregistered open bolt semis are now unregistered MGs. On the other hand, it was my understanding (and I may be quite wrong - I'll admit I haven't done the research on this) BATF has to approve new firearm designs for legality before they hit the market. If this is the case, I would think there's at least a sliver of a chance BATF may back down from their open bolt ruling and wait for congressional action rather than admit they made a collosal f*ck -up in approving the manufacture and sale of thousands and thousands of unregistered machineguns. ...and then again, maybe they just don't give a flying f*ck. Again, I have not researched BARF'S responsibility, if any, in approving firearms to be manufactured, so I may be way off there. I also need to re-read Cash with this in mind, but any thoughts?
Link Posted: 6/3/2001 2:59:14 PM EST
HAHAHAHAHAHA... What a typo! "BARF"!!! I'm not even going to fix that one.
Link Posted: 6/4/2001 6:58:50 AM EST
Thanks a lot,That is what I thought Now that brings up my next ? What is the deal with the ones in SGN or the ones for auction on GunBroker? Chuck
Link Posted: 6/4/2001 7:40:34 AM EST
Please ask the BATF that question directly, and get a letter from them addressed to you. The Wise Person will stay the heck away from those items!!! People who are advertising them are stuck with white elephants. They paid money for them, and they are motivated to try to recoup their investment. Certainly anyone who owns an AR-15 must never possess any unregistered DIAS. Treat them like they're made of plutonium.
Link Posted: 6/4/2001 2:21:44 PM EST
I just figured they were BARFs or Narcs or whatever
Link Posted: 6/4/2001 2:36:36 PM EST
or just be like me and treat all Unregistered DIAS as potental jail bait (sorry for the typos)
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