APPENDIX: STATE NFA RESTRICTIONS
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APPENDIX: STATE NFA RESTRICTIONS
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? So you want to know if you have a pre-ban or a post-ban receiver. You are not alone! This is one of the most often asked questions I receive each day. Even dealers don’t know sometimes, and they sell firearms for a living! For that matter, I have talked to people who asked their local BATF agents what the determining factors are, and the agents were giving incorrect information! So what are the determining factors? Read on my friends…
Tax exemptions
Law enforcement, states, and local governments are totally exempt from the making and transfer (either to or from) taxes, but must comply with the registration requirements. While the NFA only specifically provides that there is no transfer tax due when the US government is the transferee, (26 USC sec. 5852(a)), or a state governmental entity (26 USC sec. 5853(a)), ATF has made up an exemption from the transfer tax where any US or state governmental entity is the transferor, see ATF Chief Counsel Opinion numbers 20023 and 20400. Abuse of that exemption, as in transferring guns through governmental entities so as to avoid transfer taxes, has been prosecuted. See U.S. v. Fleming, 19 F.3d 1325 (10th Cir. 1994).
Note that this definition is only in the rules for the NFA, and not the GCA. It is designed to interact with the AOW definition. For example even though this definition excludes such things as the .410 T/C Contender pistol from the pistol definition, it is also not an AOW as it has a rifled bore. And it is also a handgun under the GCA. The NFA statute does not define “pistol” or “revolver”. I think that excluding handguns designed to be fired when held in two hands is not necessarily justifiable. But it allowed them to declare that an HK SP-89 pistol with a K grip is an AOW. As is an M-11/9 or TEC-9 with a foregrip. The Auto Ordnance 1927-A3 pistol is apparently exempted, for historical authenticity.
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A violation of 18 USC sec. 922(o) of the GCA can also bring up to a ten year prison sentence, and or a $250,000 fine. Again, prison time is likely, even on a first offense. Using a machine gun or a silencer in a crime can result in a sentencing enhancement of thirty years, even if there is no NFA prosecution. See 18 USC sec. 924.
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Form Title
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6 (5330.3A) – (Part I) Application and Permit for Importation of
Firearms, Ammunition and Implements of War
6 (5330.3B) – (Part II) Application and Permit for Importation
of Firearms [military]
6A (5330.3C) – Release and Receipt of Imported Firearms,
Ammunition and Implements of War
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Horus Vision today announced a licensing agreement with Nightforce Optics that will allow Nightforce to embed patented Horus grid reticles in their tactical scopes. Nightforce joins a number of leading scope manufacturers that have chosen Horus Vision reticles to enhance their products’ capabilities. The Horus Vision grid reticles will initially be used in Nightforce’s 3.5-15x50mm scope, a first-focal-plane model that will be available exclusively through Nightforce and will be sold primarily to the U.S. military. Nightforce may use Horus Vision reticles in other products in the future, including scopes marketed to the public. Horus Vision patented two-dimensional grid reticles provide superior performance beyond traditional reticles that use crosshairs and mil dots. Fine grid marks don’t obscure targets, and no manual adjustments such as knob-clicks are necessary. The first-focal-plane engineering keeps the reticle size constant relative to the target’s dimensions at all magnifications. And the grid marks stay in visual synch with the target image at any zoom level, allowing a shooter to easily range targets and factor in hold-offs such as elevation and wind. “A grid reticle instantly allows a user to shoot farther with more accuracy,” said Larry Chao, VP of Horus Vision. “You can optically correct for elevation and wind instead of having to do it mechanically by clicking knobs, which takes time and lacks reference points. Your eyes are much faster, more accurate and more adaptable than your fingers. “Our reticles also allow for superior second-shot correction, because the shooter can optically adjust based on the first shot. They provide a steady optical frame of reference
Special treatment of certain weapons
Destructive devices are treated differently, in terms of manufacturing or dealing. One must have a special FFL, (type 9, 10 or 11, to deal, make or import respectively) and be a SOT to make one tax free or deal in them. But anyone can make them on a Form 1, tax paid.
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ATF Forms (by Category)
Form Title
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1 (5320.1 ) – Application to Make and Register a Firearm
2 (5320.2 ) – Notice of Firearms Manufactured or Imported
3 (5320.3 ) – Application for Tax-Exempt Transfer of Firearm and
Registration to Special (Occupational) Taxpayer
4 (5320.4 ) – Application for Tax Paid Transfer and Registration
of Firearm
5 (5320.5 ) – Application for Tax Exempt Transfer and
Registration of a Firearm
9 (5320.9 ) – Application and Permit for Exportation of Firearms
10 (5320.10) – Application for Registration of Firearms Acquired
by Certain Governmental Entities
5320.20 – Application to Transport Interstate or to
Temporarily Export Certain National Firearms Act
(NFA) Firearms
5630.6A – Special Tax Stamp [for SOT]
5630.7 – Special Tax Registration and Return: National
Firearms Act (NFA)
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Ak-47 Stock and Rifle Scopes
Licensing – Weapons that fit the first category above are commonly called gadget guns; pen guns, stapler guns, cane guns, alarm clock guns, flashlight guns, the list of objects …
Ak-47 Stock and Rifle Scopes » About
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Ak-47 Stock and Rifle Scopes
Trijicon ACOG TA47-2: 2X20 with Amber Triangle Reticle. This is the most compact unit. It is a step up in magnification and is well suited to limited space on a weapon like the UZI, H …
1911 Grips – Blogs, Pictures, and more on Blogged
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Ar-15 accessories for tactical Shooters
In early 1994, ATF decided (in ATF Rulings 94-1 and 94-2) that three 12 gauge shotgun models, the USAS 12, Striker 12, and Street Sweeper, were destructive devices, owing to their …
Ak-47 Stock and Rifle Scopes
In addition any NFA weapon EVER transferred or registered in violation of the Act is subject to civil forfeiture. See 26 USC sec. 5872. A forfeiture proceeding is separate from any …
Ak-47 Stock and Rifle Scopes
To get Calif laws, pending bills and other stuff ftp to ftp.sen.ca.gov or ftp to leginfo.public.ca.gov, and l ook in /pub/code /pub/code/pen has the penal code.
To re-activate the gun, ATF requires you file a fully completed Form 1 (ie you get the gun on a Form 5, including the law enforcement certification, photo and fingerprints. You have to do all that again for the Form 1), and pay the $200 tax the gun was exempt from before. Then when that is returned approved you can break the welds off the receiver, and install a replacement barrel, or get the weld out of the barrel, if a spare cannot be found. In the alternative, a Class 2 manufacturer may re-activate the gun, and file a Form 2 reflecting the gun is now live. ATF considers re-activating to be manufacturing, and requires the re-activator to mark the gun with his name and address, whether done on a Form 1 or Form 2. If you sent your DEWAT to a Class 2 to make live he would have to transfer it back to you on a fully completed Form 4, as a tax paid transfer. These procedures are not in the NFA law nor the regulations. They are apparently based in part on the Revenue Rulings that created the DEWAT program in the 1950′s. As a DEWAT was not a NFA firearm, before 1968, requiring the making tax made sense then as you were making a machine gun out of something that was the equivalent of a door stop, legally. Now that is not true, the DEWAT is a machine gun, and no making tax should attach, as you are not “making” anything, merely changing the gun from unserviceable to serviceable.
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* NFA Branch (202) 927-8330 – This is the office that handles all transfers of NFA weapons, and maintains the Registry.
* NFA Branch FAX (202) 927-8601 – You can fax Form 2′s and 3′s in, Form 5 transfers for repair, 5320.20′s and probably others as well. Check with NFA Branch to be sure your faxed form will be acceptable. Also see ATF Ruling 89-1.
* Technology Branch (202) 927-7910 – This is the office that makes all determinations as to whether something falls into one of the NFA categories, as well as determinations as to importability, and many other technical issues to things regulated by ATF (at least as to firearms).
* Import Branch (202) 927-8320 – This office handles permits to import firearms, parts and other related items regulated by federal law.
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FITS: SKS
Installation Instructions: BIP0700 – SKS Featherweight Non-Swivel Bipod