Posted: 8/21/2007 8:03:45 AM EDT
| http://www.nfaoa.org/documents/JudgeZillyNewTrialOrderKwanCase.pdf |
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Hot link Summary: Dude has a registered Pre86 HK VP70M machine gun and two shoulder stocks (the VP70M requires a shoulder stock to fire in 3rd burst, stocks can also be used as holsters for the VP70 series of weapons), he also has a VP70Z semiauto pistol. ATF raids him because he gave up his FFL/SOT and they thought he might have dealer samples that are not legal for him to possess due to no FFL/SOT. They find the VP70Z stuck in the spare stock, using it as a holster. ATF says that makes it an unregistered SBR, court rules that the original trial jury's instructions were not acceptable and orders a new trial and that the jury be told that if the stock and the VP70Z could be combined to form a legal item then it is not illegal (even if some other configuration would be illegal). Kharn |
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-SNIP- Although Congress’s purpose in enacting § 5861(d) was undoubtedly to require the registration of firearms, the Court cannot discern from the statutory language whether Congress meant to criminalize the possession of a spare stock for a registered firearm when the stock also happens to fit an unregistered pistol, converting it into a short-barreled rifle. |
Let me dig around a bit, but I am certain all of the ones I have handled did not have the ability to mount the stock. I don't think they could be imported if they did. C&R pistols are an exception since they can have the ability to mount a stock and still be imported. Think P35, C96, Luger ect. Edit to add: Ok, the info came off of Wikipedia so it really isn't what I would call concrete evidence but it was well written entry, not your typical airsoft devotee spooge fest. According to the article all 9X19 VP70Zs did not have the provisions for buttstock mounting. However, 400 9X21 VP70Zs were made with the buttstock mounting provision for the Italian market. Since the only difference is a barrel change between calibers and the fact they did make some semis with the provision for buttstocks, he may very well have one that can mount a buttstock. I would love to see the one he has, but I doubt we will see any pictures. |
ATF tech branch didn't care that the stock wouldn't have fit anyway. You have to remember that ATF also charged Kwan with posession of an unregistered MG and the jury acquitted him on that charge mainly due to Len Savage's court testimony. ATF was trying to pile on the charges because Kwan was a "person of interest" in the murder of Assistant US Attorney Wales (a well-known anti-gun activist in WA). See www.gunguys.com/?p=1777 for more info. |
