ATF may have accidently approved a Form 1 Machinegun

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  • ryknoll3

    Master
    Rating - 75%
    3   1   0
    Sep 7, 2009
    2,719
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    Also, if it is stands that a trust or corporation ISN'T a person, doesn't that mean that a trust or corporation would be exempt from anything in federal code that says, "It shall be unlawful for a person to....." ?

    If that's the case, there's no crime if an incorporated gun shop transfers a gun to a felon, because the law says, "a person" can not transfer to a felon.
     

    homeless

    Sharpshooter
    Rating - 0%
    0   0   0
    Nov 12, 2008
    574
    18
    indy
    If they decide to stick to "a trust is not a person" then it will invalidate almost all of 922


    Import restrictions? Nope imma trust
    Interstate commerce? No thanks I'm a trust
    Traveling with an nfa item? Lawlaurz, Iam a trust
    Importing weapons? nope trust here
    US parts counts? Uhhhh my trust says it doesn't matter
     

    Beowulf

    Master
    Site Supporter
    Rating - 100%
    66   0   0
    Mar 21, 2012
    2,880
    83
    Brownsburg
    Well, just for sh*ts and giggles, I just submitted a form 1 on my Spikes Tactical Honey Badger lower (thanks Profiire). I expect to have the denial in a couple of days and the refund in a few months (if I'm lucky).

    Now to sit back and let the slow grinding legal process go forward. I don't really think we have much chance with this, but I figure having $200 unavailable for a couple of months is a decent hedge on the 1% chance I'm wrong.

    Meanwhile, I can go about turning that lower into a faux-SBR pistol with a Sig arm brace.
     

    Beowulf

    Master
    Site Supporter
    Rating - 100%
    66   0   0
    Mar 21, 2012
    2,880
    83
    Brownsburg
    Got my disapproval today at 10pm (shockingly late at night for government work... maybe it's a batch process that runs at night to send notifications).

    Anyway, here's the notice:

    This is to advise you that the status of your eForms submission with the subject Permit/Control number has changed to DISAPPROVED

    Permit/Control No: 2014223917
    Your Reference No:
    Submission Date: 2014-09-24-04:00
    Form ID: ATF FORM 1 (5320.1) - APPLICATION TO MAKE AND REGISTER A FIREARM

    Please logon to the eForms site for more details.

    If you have any questions about your eForms submission, please contact:
    for Imports questions, call (304) 616-4550
    for NFA questions, call (304) 616-4500
    for AFMER questions, call (304) 616-4590
    for Firearms Licensing questions, call 1-866-662-2750

    Thank you for using eForms.


    On a positive note, it was only a 2 day turnaround on my form. Too bad they can't process approvals that fast.
     

    CountryBoy19

    Grandmaster
    Rating - 91.7%
    11   1   0
    Nov 10, 2008
    8,412
    63
    Bedford, IN
    Not back in my account. I'm sure they will hold on to it for several months, earning free interest, before I get it back. But I knew that would happen going in.
    The process with eFile may be faster but I've heard horror stories of the years gone by where refunds took nearly 2 years when/if denied. With eFile do they just electronically refund your money back to your account?

    Either way, the fact remains that if you cash the check you may be giving up legal rights by admitting to their denial... that is why I will be paper filing and I expect to receive a paper check in the mail that I will not cash until I see where this goes...
     

    Beowulf

    Master
    Site Supporter
    Rating - 100%
    66   0   0
    Mar 21, 2012
    2,880
    83
    Brownsburg
    Yeah, the lawsuit is still in progress.

    Just for the record, I did get my money refunded electronically, about a month later. Also, all that thinking about having a full auto M16 made me go out and buy a Pre-86 transferable registered receiver. Way more expensive, but definitely a blast to take out to the range.
     

    Woobie

    Grandmaster
    Rating - 0%
    0   0   0
    Dec 19, 2014
    7,197
    63
    Losantville
    If this even makes it to SCOTUS, just remember, this is the bunch that told us that the thing in the ACA called a fine wasn't a fine, it was a tax, even though no one was calling it a tax. So it's not beyond imagination that they would say a trust is a person even though a trust isn't a person, unless it's not a person, then of course it's only a trust. But if this will overturn an onerous and overreaching federal program, then by all means, let's give it a shot!
     

    Dosproduction

    Master
    Rating - 100%
    5   0   0
    Aug 25, 2013
    1,696
    48
    Porter County
    Yeah I would form up everything I could get my hands on if this works out. I do not see it happening though no one in control wants the people to be as equipped as there masters (gov/milt/leo). That would mess up there right to rule over us.
     
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