texashuntingforum.com logo
Main Menu
Advertisement
Affiliates
Advertisement
Newest Members
Troy Hebert, Will Clem, Browtine33, george t, Murl B
72504 Registered Users
Top Posters(All Time)
dogcatcher 110,840
bill oxner 91,416
SnakeWrangler 66,051
stxranchman 60,296
Gravytrain 46,950
Stub 45,104
RKHarm24 44,585
rifleman 44,461
Forum Statistics
Forums46
Topics543,782
Posts9,802,802
Members87,504
Most Online25,604
Feb 12th, 2024
Print Thread
ATF Eforms changes and NFA #8788226 01/26/23 03:47 AM
Joined: Feb 2012
Posts: 804
B
Blacksunshine Online Confused OP
Tracker
OP Online Confused
Tracker
B
Joined: Feb 2012
Posts: 804
So…. For those of you with Efiled Form 1 NFA applications and approved stamps for homemade suppressors and SBR’s. The ATF has added a couple categories. One that I think we should all note is the one that says “ Revoked”

With this new found lawmaking power, the ATF has Opened Pandora’s box in the NFA world. between their “reimagining” of what a silencer is, a machine gun is, an SBR is, now they are using old laws to mop up the slop. For years Pistols made outside the USA have not been required to meet USC 922r compliance. (That’s the American parts required for imported rifles crap for those of you in Rio Linda) the ATF have ruled that the weapons imported as pistols but had the arm brace installed at the time it was made, make it officially a rifle and thus subject to 922r compliance. This had to be done when the gun was “born”. Problem is, it can’t be unmade, then remade under law. Because once an SBR, always and SBR. So it must be destroyed or surrendered. It seems to me a not so far fetched idea that may be lurking in the Communist corrupted Gray matter between the ears of the ATF Lords, might be that the imported guns some may have filled out Form 1s for, and The “solvent trap” form 1 kits, are all going to be gone through and revoked. Also…. With the push to make the gun manufacturers liable for misuse and suable. The folks with their illegal guns will sue the manufacturers for selling illegal guns and may just put the gun companies out of business for the Commie gungrabbers.

Also, in the FAQ there is a question asked “if someone else wants to shoot my NFA item in my presence, can they do so?” ATF has stated “NO, only the responsible person approved on the form may have possession or constructive possession of the NFA regulated item”. They were specific enough to list “constructive possession” which means that all they have to prove is that you know where it is and that you have access to it. That could mean that if your suppressor is on your gun at the shooting bench and you walk down range, the people standing around their table are felons? Your wife? Your kids? Rule of lenity aside, you may beat the rap but won’t beat the ride.


Anyone else have an opinion on the matter?


The hughes amendment is garbage! Nothing in the Constitution says
"a well neutered militia"
Re: ATF Eforms changes and NFA [Re: Blacksunshine] #8788622 01/26/23 07:09 PM
Joined: Sep 2013
Posts: 566
Uncle Zeek Offline
Tracker
Offline
Tracker
Joined: Sep 2013
Posts: 566
You got me curious, so I logged into my Eforms account. Yes, there is a 'revoked' section. Only thoughts that I had on that was it would be helpful to know if ATF had revoked one's tax stamps - if they have information that you're now a "prohibited person" this might be the first way you'd find out and give you a chance to appeal.

I didn't see the question you posted in the FAQ on eForms or on the ATF main site. Do you happen to have a link?

Under the NFA, if the NFA firearm is owned by an individual, then the ONLY person authorized to have possession is the licensed person. If the NFA firearm is owned by a trust or other entity, then any "Responsible Person" for that entity may use it, even if they were added after the tax stamp was issued. This is why we have NFA trusts in the first place.

"Constructive possession" . . . um, will do a separate thread on this topic, but yeah, married couples can easily run afoul of this. Say that husband has a suppressor registered to him individually. He keeps it in the gun safe, to which wife has the combination. Even if she has never opened the safe or handled the suppressor (or ANY firearms in the household), she still has constructive possession. But if she has no access to get into the safe, then she's good.


"Decency is not news; it's buried in the obituaries, but it's a force stronger than crime" ~ Robert A. Heinlein
Artim Law Firm, PLLC
Estate, probate & taxes AND 07/02 FFL
2250 Morriss Road, Suite 205 Flower Mound TX 75028
972-746-0758 work
zac@artimlegal.com
Re: ATF Eforms changes and NFA [Re: Blacksunshine] #8788974 01/27/23 02:17 AM
Joined: Feb 2012
Posts: 804
B
Blacksunshine Online Confused OP
Tracker
OP Online Confused
Tracker
B
Joined: Feb 2012
Posts: 804
So in regard to the FAQ. ATF came out today and said they made a mistake and addressed it. It has been taken down. I could no longer see on the ATF.G0V website. (Small crisis averted) The constructive possession is indeed tricky. ATF at the shot show did say they would engage in enforcement action on constructive possession if a person is suspected of brace rule violations. Hopefully SCOTUS will step in and put the AFT in their place. Between “D.C v. Heller (2008) United States v. Staples (1994)” and now with West Virginia v. EPA(2022) and “NYSRPA V.Bruen (2022)
there should be ZERO reason that all ATF overreach will be ended and quite honestly, the repeal of the national firearms act completely. There is a case out of Florida where the NFA as a whole has been challenged in a criminal case. As well as a civil case out of Utah where he is suing the Government for not collecting taxes on a disapproved Form 1 for an M16 . The $200 tax on Machine guns has to be accepted and to accept it must be approved.
They can’t refuse taxes.


The hughes amendment is garbage! Nothing in the Constitution says
"a well neutered militia"
Previous Thread
Index
Next Thread

© 2004-2024 OUTDOOR SITES NETWORK all rights reserved USA and Worldwide
Powered by UBB.threads™ PHP Forum Software 7.7.3