ATF’s Determination on NICS Checks Open Door for Manufacture of New Machineguns

Status

NomadS

Marksman
Rating - 100%
2   0   0
Sep 30, 2012
338
18
New Albany, IN
Did ATF?s Determination on NICS Checks Open the Door for Manufacture of New Machineguns for Trusts? | Prince Law Offices, P.C.

So, we have a prohibition on any “person” transferring or possessing a machinegun which was not lawfully registered before May 19, 1986. BUT, an unincorporated trust is not a “person” under the GCA, so this provision cannot apply to it.
In turning to the National Firearms Act, as amended, 26 U.S.C. 5801, et seq., we find that a “person” is defined as including a trust, pursuant to 26 U.S.C. 7701. Yet, there exists no 922(o)esque provision in Section 5801, et seq.
Therefore, pursuant to 26 U.S.C. 5812 and 5822, an unincorporated trust may lawfully transfer and make machineguns, as it is not a “person” for purposes of the GCA and Section 922 only applies to “persons” as defined by the GCA. And yes, this opens up a lot more issues for ATF in relation to the purchase of firearms by trusts under the GCA. Someone isn’t likely to be employed much longer…
 
Status

Products discussed on INGO

Site Supporter

INGO Supporter

Staff online

Forum statistics

Threads
489,066
Messages
8,801,902
Members
47,879
Latest member
Sweet.Tooth
Top Bottom