Posted: 9/13/2007 11:40:55 PM EDT
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www.mp5.net/info/sbsconr.htm On 11/13/2003 the Ninth Circuit Court of Appeals (which is not usually a friend of gun owners) held that 18 USC 922(o) (the 1986 machine gun manufacturing ban) does not apply to "home made" machine guns. The court reasoned that since such firearms have not moved in, nor do they affect interstate commerce, the Federal government does not have the authority to regulate them. No disposition of the government's authority to tax these items has been made however which has led many citizens in the states governed by the Ninth Circuit to file an ATF Form 1 applying to manufacture a "home made" machine gun. ATF has a duty to collect the taxes with which it is charged to administer and with 922(o) now inapplicable to citizens in the Ninth Circuit, it would seem ATF would have to approve such Form 1's (if the applicant is not otherwise prohibited from owning a machine gun). No word yet on any approvals or denials. I have updated the chart below to include an asterisk by the states in the Ninth Circuit (states in which it would now seem to be legal to make a "home made" machine gun after getting a Form 1 approved). If you intend to file an ATF Form 1, you should know that the form must be filed in duplicate, requires two sets of fingerprints on cards provided by the ATF (see the "ATF Distribution Center" entry on the "ATF Phone Numbers" page to order), and must be accompanied by the U.S. Citizenship Certification form. States and possessions in the Ninth Circuit are: California, Oregon, Washington, Arizona, Montana, Idaho, Nevada, Alaska, Hawaii, Guam, and the Northern Mariana Islands. It is important to note that this ruling does not affect state law. States may still regulate all machine guns as they see fit. All state laws must be complied with. DOES THIS MEAN I CAN FILE A FORM 1 AND MAKE A MACHINE GUN IN CALIFORNIA! when in reality i cant even buy a mag over 10 rounds????? WTF! Edit to say look at the website as well i guess california does rarely issue permits for MGs soo they aren't 100% banned here? |
