Quoted:
actally a AOW but yes a NFA item

Quoted:
Yes or no?

Legal by the Feds or need SBR permit?

Quoted:
actally a AOW but yes a NFA item

Quoted:


I wouldnt even KEEP a vertical grip in the home if you have either a Sig 556 pistol or an HK SP89.

Quoted:


Yep, pistol with VFG is an "Any Other Weapon," NFA-regulated but it's a $5 stamp tax instead of $200.

Quoted:


I would, fuck the ATF.

24.  The 9 millimeter and .22 caliber pistols seized by ATF
were modified by adding an additional grip.

    25.  Title 26, United States Code Section 5845(e) defines
"any other weapon" as:

    ... any weapon or device capable of being concealed from which
    a shot can be discharged through the energy of an explosion
    ... Such term shall not include a pistol or revolver having a
    rifled bore, or rifled bores, or weapons designed, made or
    intended to be fired from the shoulder and not capable of
    firing fixed ammunition.

    26.  A "pistol" is defined in Section 5845 as

    A weapon originally designed, made and intended to fire a
    projectile (bullet) from one or more barrels when held in one
    hand, and having (a) a chamber(s) as an integral part(s) of or
    permanently aligned with, the bore(s); and (b) a short stock
    designed to be gripped by one hand and at an angle to and
    extending below the line of the bore(s).  27 CFR 178.11
    (emphasis added).

   27.  Even after being modified with grips, the pistols are
still "pistols" as defined above and not "any other weapon" as
defined by 26 U.S.C. section 5845(e).

    28.  The government has agreed to dismiss Count 13 of the
indictment, concerning the possession of a shotgun with a barrel of
less than 18 inches, in light of the Supreme Court's decision in
Thompson/Center Arms, 112 S.Ct. 2102.

                CONCLUSIONS AND RECOMMENDATION

    Wherefore, it is recommended that Count 13 be dismissed upon
motion of the government.

    As to the motion to dismiss concerning the silencer kit, this
court concludes that the kit is a silencer as defined by the
statute and that the motion to dismiss should be denied.

    As to the motion concerning the KG9 bolt, this court
recommends that the motion be held in abeyance until the parties
conduct the agreed upon test fire.

    As to the motion to dismiss concerning the two pistols, this
court concludes that the weapons are "pistols" as defined and are
not "any other weapons," and that the motion to dismiss as to the
pistol counts should be granted.


                             [signed]
                             William M. Catoe, Jr.
                             United States Magistrate Judge

June 21, 1993
Greenville, South Carolina

                           FOOTNOTES

1. The delay in filing this recommendation was due to problems
in obtaining the transcript of the hearing, which was received by
this court on June 16, 1993.


          IN THE DISTRICT COURT OF THE UNITED STATES

              FOR THE DISTRICT OF SOUTH CAROLINA
   
                       ANDERSON DIVISION


UNITED STATES OF AMERICA          Criminal Number:  8:93-106

    v.                            ORDER

GORDON T.DAVIS, and
SANDA G. DAVIS



    And now, this 24 day of September, 1993, the within Motion is
granted, and it is hereby ordered and decreed that Indictment and
Superseding Indictment Number 8:93-106, against the Defendants,
GORDON T. DAVIS, and SANDRA G. DAVIS, be and the same is hereby
dismissed without prejudice.

                             [signed]
                             HONORABLE G. ROSS ANDERSON, JR
                             UNITED STATES DISTRICT JUDGE

Columbia, S.C.

Quoted:

Quoted:
actally a AOW but yes a NFA item

Quoted:
District Judge = Doesn't carry any weight outside that particular district (a very small area in the grand scheme of things).  Circuit or Supreme Court would be something entirely different.

Kharn

Quoted:


I wouldnt even KEEP a vertical grip in the home if you have either a Sig 556 pistol or an HK SP89.

Quoted:


This shit has been tried twice without conviction.

Anyone know of a conviction?

Quoted:
Send the dog to the neighbor's house and get out the fire extinguishers.  It's going to be a busy nite! Good Luck, We're all pullin' for ya.

Quoted:


Yep, pistol with VFG is an "Any Other Weapon," NFA-regulated but it's a $5 stamp tax instead of $200.

Quoted:
I would fuck the ATF.

Quoted:


nope but why take the ride
$200 tax stamp is cheaper than a 20K attorney

Quoted:


Isn't an AOW $5 rather than $200?

Quoted:


I wouldnt even KEEP a vertical grip in the home if you have either a Sig 556 pistol or an HK SP89.

Quoted:

That's bullshit. As long as you have a legal use for whatever you have, you're GTG.

Quoted:

From what I understand the govt refused to appeal the thrown out charges though
What does that mean?

Quoted:



Thats their normal response when a citizen wins and they believe they cant win on appeal. Refusing to appeal prevents the case from going higher (winners cant appeal) and having broader reach; basically, its damage control.



Kharn