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Note that the silencer definition applies only to devices for firearms, i.e. powered by an "explosive". An air gun silencer is not covered. But if it can be used on a firearm it would be. Thus an airgun silencer permanently attached to the airgun, or too flimsy to be used on a firearm, should be exempt. If you have an interest in pursuing this line of thought submit a sample or drawings to ATF Tech. Branch. I am not aware of any airgun silencer currently made, or determined to be exempt from this definition. But clearly there is room under the definition for such a gadget. Likewise, since antique guns, as defined in the GCA are not "firearms", a silencer for such a gun is not, or should not be, covered. Perhaps one fitted permanently to a pre-1899 gun? The mind reels.

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As part of the new and revised 1968 National Firearms Act, there was one amnesty where folks could register any NFA weapons. It went from 11/02/68 to 12/01/68, although the paperwork backlog went on for a while after. According to 1995 ATF statistics (the number of firearms ATF reports as having been registered during the Amnesty goes up every year such statistics have been reported, although in 1975 ATF initially reported over 60,000 firearms registered during the Amnesty) 57,216 weapons were registered on Form 4467 ("Registration of Certain Firearms during November of 1968"), which was the amnesty registration form. This would have included weapons newly subject to registration, when they had not been before, like DEWAT’s and destructive devices, as well as contraband firearms that should have been registered before and were not. There was also a registration period after the enacting of the first NFA, from July 26, 1934 up to September 24, 1934. Anyone in possession of an NFA weapon as of the July 26 date was supposed to register it, even if they no longer had it, on Form 1 (Firearms) in duplicate, with the local IRS office. No tax was due. Not really an amnesty though, as the weapons were legal to have before the law was passed, at least under federal law. Some states had prohibited or regulated some NFA weapons before 1934. In fact the Uniform Machinegun Act, which provided for registration of machine guns, adopted in a few states (Conn., Va., Md., Ark., and Montana and possibly others) was developed with the support of the NRA, partly in an attempt to forestall the sort of regulation the feds ultimately adopted in 1934. Before the changes to the NFA in 1968, a Form 1 was for a flat out registration of an existing gun, no tax. A Form 1A was for a tax paid making, in the way we understand a Form 1 now.

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The definition of "machinegun" in the NFA (26 USC sec. 5845(b)) includes parts to convert a gun into a machine gun. Note that conversion parts are not included in the definition of "firearm" under the Gun Control Act, one of the few things I know of that is a firearm under the NFA, but not the GCA. Thus the purchaser of a conversion part from an FFL need not do a 4473 form, unlike other NFA weapons. Of course the host gun, if purchased from an FFL, will require the 4473. This reading of the law is based on numerous statements from ATF, and the definition of "firearm" under the GCA, which requires it be able to expel a shot. However, at least one very slow judge has decided that somehow the definition of "firearm" in the GCA "incorporates" the definition of "machine gun" under the GCA (even though the law doesn’t say that) and that a machine gun conversion part is a "firearm" under the GCA as well as the NFA. I think the judge is clearly wrong, even ATF reads the law better than that, but the point is to be careful. The case is U.S. v. Hunter, 843 F.Supp 235 (E.D. Mich. 1994), and see also the same judge’s second opinion in the same case, at 863 F.Supp. 462 (E.D. Mich. 1994). These parts are called registered sears, as well as other parts or sets of parts to convert a gun into a machine gun.

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Lott: In debate over Right-to-Carry laws, critics are quick to shoot down the facts
People walking the streets armed with guns must be dangerous, right? A newly revised study by the Brady Campaign and the Violence Policy Center found that even those individuals who have legally obtained permits to carry concealed handguns are extremely dangerous. With millions of Americans already having been issued such permits from the various states, this is an important issue. The gun control organizations have frequently made these claims in the press, and Dennis Henigan, the vice president of the Brady Campaign, will likely make these claims again when he and I appear on John Stossel’s FoxBusiness show today. But the gun control advocates inaccurately describe many shooting cases, choosing to ignore that the majority of incidents involve people properly defending themselves.

Chicago: City plans to limit guns per home
Mayor Richard Daley’s administration is making plans to limit the number of handguns allowed in Chicago homes as it grapples with a U.S. Supreme Court opinion gutting the city’s long standing gun ban. Each qualified gun owner in a home could have only one handgun under a new ordinance being drawn up that could be heard by the City Council Police and Fire Committee as soon as Thursday, officials said. The ordinance would require handgun owners to register their weapons with the Police Department and keep them secured inside the home.

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27 CFR sec. 179.11 – "pistol. 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 at an angle to and extending below the line of the bore(s). The term shall not include any gadget device, any gun altered or converted to resemble a pistol, any gun that fires more than one shot without manual reloading, by a single function of the trigger, or any small portable gun such as: Nazi belt buckle pistol, glove pistol, or a one-hand stock gun designed to fire fixed shotgun ammunition."

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Penalties for NFA violations
A violation of the NFA can result in a felony conviction, punishable by up to ten years in prison, and/or a $250,000 fine. See 26 USC sec. 5871. The US Sentencing Guidelines ordinarily require prison time, even for a first offense, however various mitigating and aggravating factors can raise or lower the possible sentence range for a first offense.

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Cal. Penal Code Sec. 12020(a) prohibits the possession of, among other things, AOW’s (Any other Weapons) and short shotguns and short rifles. Subsection (b) lists exemptions to the application of (a).

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A class 1 or 2 SOT may also deal in NFA firearms. A class 3 SOT costs $500 a year, due each July 1. A class 1 or 2 SOT costs $1000 a year, except that SOT’s who did less than $500,000 in gross receipts in business the previous year qualify for a reduced rate of $500 per year, also due July 1. One must also have the appropriate FFL to engage in the specific activity, as well as the SOT. This is because most NFA weapons are also title 1 weapons, and thus both the law regulating title 1 weapons (the GCA) and title 2 weapons (the NFA) must be complied with. As with the privacy of Registry information and transfer information, SOT status is also protected tax information, and ATF will not release lists of SOT holders, as they will of FFL holders.

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As to one who is neither a FFL nor SOT, but only owns weapons regulated under the National Firearms Act, the law seems clear, but practice is a little murky. ATF may only compel you to show an agent upon request the registration paperwork, that is the Form 1, 2, 3, 4, 5 or whatever else might have been used to register the weapon. See 26 USC sec. 5841(e). They do not have any right to compel you to show them the weapon. However they apparently (I have no first hand knowledge) take the position that they can compel one to show ATF the weapon upon request, even if the owner has no FFL. As always the Fourth amendment applies, and ATF may not enter your home or other place of storage of the NFA weapon, nor seize the weapon, without a warrant, or without falling under an exception the Supreme Court has created to the operation of the Fourth amendment. They should also need a warrant to compel a non-FFL holder to show them the weapon, and I would insist upon that, myself.

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However for HK guns it is pretty much all there is, especially if you want an MP-5 type gun. And if you want a version of the Colt 9mm AR machine gun, the auto sear route is more plentiful than the few registered receiver conversions, and the even fewer factory Colt guns, as the model was introduced (1985) right around the same time as the 1986 ban. And in general the sear or other registered part is cheaper to buy than the same gun as a registered receiver, both because you aren’t getting a gun also, and because it is less desirable. However you may find that due to the escalating value of the semi-auto host guns, the conversion part already installed in a host gun may cost as much as a registered receiver conversion of the same gun, like an IMI semi-auto UZI with a registered bolt installed versus a registered receiver UZI conversion. It pays to shop around.

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Patches
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On top of the FOPA machine gun restrictions, any NFA weapon imported into the US after the Gun Control Act took effect (end of 1968) cannot be transferred to an individual. See 26 USC sec. 5844. They can be transferred to SOT’s, without any police demonstration request, and kept by the SOT after surrendering his SOT. These are sometimes called "pre-86 samples", or "dealer samples", although dealer sample can be used to refer to either a post-86 machine gun or any NFA weapon imported after 1968.

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Ya know what’s going to get people to quit smoking? Banning words on labels. And banning candy cigarettes.

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Chicks and guns meme hits a newspaper.

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Air powered:

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Kids: Oblivious to complex social issues
In Junior’s gymnastics class, one of the girls has two mommies. No big deal. Doesn’t bother me. They’re a charming couple and nice enough. However, I had reservations about having the gay talk with a six year old. I can’t imagine how the conversation would go since her understanding of anything relating to [...]

In Junior’s gymnastics class, one of the girls has two mommies. No big deal. Doesn’t bother me. They’re a charming couple and nice enough. However, I had reservations about having the gay talk with a six year old. I can’t imagine how the conversation would go since her understanding of anything relating to a relationship consists of moms and dads. And her understanding of the differences between the sexes consists of boys have wieners and making poop jokes. So, I was kind of worried about how that conversation would go and how awkward it would be for me. Still, I figured I’d have to man up and talk about it. And I might even have to get a copy of Heather Has Two Mommies to go with our monstrous library of kids’ books.

But an interesting thing happened. Nothing.

She’s never asked. It’s never come up.

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Doing it wrong
I note the lack of explosives.

I note the lack of explosives.

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