Posted: 11/19/2009 5:04:59 PM EDT
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I have been curious about something for a while. I have seen this happen twice now and I don't know what the outcome was in either situation as I didn't know the person. I have searched the search engines and can't find anything. So... WHAT do you do if you find yourself accidentally in possession of an illegal NFA/class 3 item? Say you pick up a piece off of a local forum, think about it, look it up, and discover that the pistol you have in your hand was originally a rifle? Say you bought a shotgun, out of curiosity you measured the barrel and found it was 17"? The AK you are holding has the dreaded extra hole in it? etc etc etc...
So now, oh crap, you have this thing in your hands. Now what? |
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Quoted:
Sell it at a gun show with no bill of sale......quickly! In reality destroy it. Posted Via AR15.Com Mobile Destroy it was my first thought too. Pour a bucket of concrete, put the scary piece of metal in it, and throw it in the Chattahoochee. Or crush it, melt it, crush it again, and put it in the recycling bin. So then, the MIB show up with some sort of proof of communication or whatever. "We KNOW you had it. Where is it?". |
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Shotgun - take the barrel off and replace it with one of legal length
Rifle - take the barrel off and replace it with one of legal length Pistol - remove the stock and / or forward grip AK with 3rd hole - hacksaw the receiver in half.......or mail it to the BATFE, postage due with no return address 
Accountant |
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If you can't fix it, destroy it.
Just a note about barrel length... Measuring from the outside can be deceiving.... be sure your measuring to the bolt face. Precise way is to put a cleaning rod down the barrel on a closed bolt. Mark the cleaning rod, then pull it out and measure to the mark. |
| I ran into this situation with a BAR, talked to a county sheriff about the situation. He told me he would call the BATF to see if the proper paperwork was on file so that it could be transfered to me; if not would either arrange to have me turn it over without legal consequence or turn it over himself. |
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If you accidentally find yourself in possession of contraband, you have three choices, realistically:
1) Destroy/dismantle item in question 2) Change item in question to legal configuration, if possible 3) Voluntarily surrender item I listed these choices, because this is what you can do. However, there is NEVER a good reason to invite ATF into your life if you know you may be in possession of contraband. Weaker cases have been made against decent folks, and they have been prosecuted and convicted for their honesty. I'll never understand why folks feel as though they are doing their civic duties by narc'ing on others or turning in stuff that is in question. These laws shouldn't even exist. It doesn't make you a better person, and honestly, ATF doesn't give a shit. All they care about is figures, so that they can add to their bar graphs at the end of the year when they report to DOJ about the number of arrests and forfeitures made. These aren't blood diamonds or millions of dollars of drug money. No one was killed or lives ruined because someone owned a 17" shotgun or got crazy with a drill press and an AK. Let ATF do the job of finding these items on their own. Don't set yourself up for failure. |
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Quoted:
If you accidentally find yourself in possession of contraband, you have three choices, realistically: 1) Destroy/dismantle item in question 2) Change item in question to legal configuration, if possible 3) Voluntarily surrender item I listed these choices, because this is what you can do. However, there is NEVER a good reason to invite ATF into your life if you know you may be in possession of contraband. Weaker cases have been made against decent folks, and they have been prosecuted and convicted for their honesty. I'll never understand why folks feel as though they are doing their civic duties by narc'ing on others or turning in stuff that is in question. These laws shouldn't even exist. It doesn't make you a better person, and honestly, ATF doesn't give a shit. All they care about is figures, so that they can add to their bar graphs at the end of the year when they report to DOJ about the number of arrests and forfeitures made. These aren't blood diamonds or millions of dollars of drug money. No one was killed or lives ruined because someone owned a 17" shotgun or got crazy with a drill press and an AK. Let ATF do the job of finding these items on their own. Don't set yourself up for failure. Narc'ing would be a really crappy thing to do and no, these laws shouldn't exist. They seem very odd and petty to me but the penalty attached is eye popping. I was really just curious if "I destroyed it" was good enough if someone did cause an issue that lead to you. If I had something like that in MY hands I certainly wouldn't intentionally make myself a defendant, I would just want it gone. I know enough to hopefully never accidentally have something like that in my possession but obviously it happens to people. |
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Quoted:
what about the whole "once a machinegun always a machinegun" banter that the ATF loves so much. I keep thinking about all those reweld M14's they freaked out about..... Parts kit would be my course of action. Yeah, or the reweld FPKs from Romania they had an "emergency recall" on a while back. That third hole is a non-no and is always there in the ATF's mind, even if you weld it shut or cover it in some way. Once a machinegun, always a machinegun. Same with rifles - once a rifle, always a rifle and never a pistol (except for Thompson Contender Encore kits, for some reason - they say the Supreme Court ruling only applies to that one kit). See the post above - replace barrels, etc. Can't fix it? Then destroy it. Check with the local sheriff or ATF? Are you seeking jail time? Possessing it is illegal - the laws don't care how you got it, just that you have it. I have a copy of the NFA handbook that I check if I am in doubt if anything is legal or not. Knowing the law before you buy is easier than trying to fix it when you are in violation. |