This reporting requirement only applies to FFL holders, that is folks licensed by ATF to make, sell, import or collect guns. This does not include folks who just own an NFA weapon.
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Some examples of what is a DD and what is not:
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However, as most NFA weapons are also regulated by the GCA, purchases from a dealer require the completion of the standard 4473 yellow form, as well as dealer bound book records, and this source of information is not so similarly restricted. ATF may release this information to local law enforcement for a host of law enforcement purposes. (18 USC sec. 923(g)(1)(D)).
* General Info on NFA weapons
* Obtaining the law enforcement certification
* NFA weapons and the 4th amendment
* NFA weapon amnesties
* Machine gun sears and conversion parts
* DEWATs
* Any other weapons
* Destructive devices
* Sound suppressors (Silencers)
* Short barreled rifles
* Appendix – State NFA restrictions and a note about California ATF Forms, compiled by Trenton Grale
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Likewise an M-1 carbine receiver and an M-2 carbine receiver are identical, and all the parts to convert a gun from an M-1 to an M-2 are available on the surplus market.
Petraeus to Face Complaints Over War Rules
Crouched in a field, a young Marine lieutenant pleaded over the radio for an airstrike on a compound where he believed a sniper was firing at his troops. Request denied. Civilians might be inside and the Marines couldn’t see a muzzle flash to be absolutely sure the gunman was there.
ATF Forms and Descriptions, by Category and Number
This information is correct as of 20 February 1995; compilation is copyright (c) 1995 by Trenton J. Grale. Permission is granted herein to copy and distribute this document, in whole or in part, with attribution, for noncommercial and nongovernmental use only.
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If the gun is a sear conversion you may not alter the receiver to full auto configuration, in particular you may not install a push pin lower on your HK. You may alter a push pin lower shell to accommodate your clip-on trigger pack, so it looks authentic, but don’t alter the receiver. You may also alter one of the MG burst packs to fit on your semi-auto receiver, provided it is also modified internally so it no longer just uses the MG trigger pack with the original MG trip. Making an unaltered MG trigger pack fit the semi-auto is making a new conversion device; some registered HK conversion parts are MG trigger packs modified to fit right on the semi-auto receiver.
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Militants flew an al-Qaida flag over a Baghdad neighborhood Thursday after killing 16 security officials and burning some of their bodies in a brazen afternoon attack that served as a grim reminder of continued insurgent strength in Iraq’s capital.
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A lost or stolen NFA firearm
A lost or stolen NFA firearm can be a real problem. It can be a very expensive loss, as well as endangering the continued lawfulness of owning NFA firearms, both at a state and federal level. Contrary to what you might hear, NFA firearms, machine guns and silencers in particular, are very rare in crime. A significant source of such weapons in crime is stolen NFA firearms, from law enforcement, the military and civilian collectors. A crime spree with a stolen NFA firearm can lead to restrictive state or local legislation, as well as local law enforcement refusing to continue providing the law enforcement certification needed for transfers to individuals. Safeguarding NFA firearms is not required, but seems to me to be extremely prudent, both to preserve the firearm, as well as its continued legal ownership. Reporting the theft of an NFA weapon to law enforcement is the only way to even have a chance at recovering the gun, and preventing its use (or further use) in crime. I think reporting its theft is a good idea. Below is what is required, as opposed to what is a good idea.
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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 non-sporting character, and having a bore over 1/2 inch, as all 12 gauge shotguns do. ATF required owners of these guns to register them, as NFA weapons. This is not exactly an amnesty, as the weapons were not NFA weapons when made. While ATF has not required the payment of the $200 making/transfer tax to register them, they had required the registrant obtain the law enforcement certification on the registration paperwork (Form 1). According to the 7/95 Machine Gun News, NFA Branch has now dropped the requirement for the law enforcement certification on the initial Form 1 registration, subsequent transfers will be by regular NFA procedures. ATF began notifying owners of the guns on 2/1/94 of the classification decision, and gave them 30 days to register the weapon or dispose of it, after notice. Supposedly ATF calculated the 30 days from when the last owner (they could locate) of a weapon was notified. If you purchased the weapon privately, and there was no “forward trace” paper trail, then you may not have known when the 30 days began to run. However according to Machine Gun News, as of 7/95 ATF is still accepting registration applications. It would be wise to contact them before assuming they will not let you register such a gun, and either throwing it away, or just keeping it without complying with the registration procedures.
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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Step 2: Copy the refusal letters, and send the copies to the NFA Branch of ATF. Ask them to designate other persons whose signature would be acceptable, as the ones listed in the regulation would not sign. They are required to do this by the same regulation, it is the safety valve for when none of the designated persons will sign. ATF will almost certainly say that they will accept the certification of a state judge who has jurisdiction over where you live (same as the chief, D.A. and sheriff in step 1, they have to have jurisdiction over where you live) and who is a judge of a court of general jurisdiction, that is a trial court that can (by law) hear any civil or criminal case. No limit as to dollar amount in civil cases, or type of crime in criminal cases. No small claims court or traffic court type judges, in other words. Let’s assume they refuse.
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ATF Forms and Descriptions, by Category and Number
This information is correct as of 20 February 1995; compilation is copyright (c) 1995 by Trenton J. Grale. Permission is granted herein to copy and distribute this document, in whole or in part, with attribution, for noncommercial and nongovernmental use only.
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This certification is not really a big deal for the chief law enforcement officer (CLEO) making it, and it DOES NOT expressly make the CLEO legally responsible for the weapon or your use of it, or its theft. I have not heard of any successful case against a CLEO for signing the certification for a gun that was criminally misused. That is, in my opinion, a spurious excuse for not signing. There is even a case addressing this issue, Searcy v. City of Dayton, 38 F.3d 282 (6th Cir. 1994). The estate of a drug dealer murdered by an off duty Dayton, Ohio, police officer with his personally owned “Mac-11″ machine gun sued the city that employed the cop. One of the grounds for suit was the police chief’s having signed the transfer paperwork for the murder weapon. The court held that that claim should have been dismissed by the trial court; without a showing that somehow the act of signing was negligent, (under Ohio law) and led to the harm (murder) complained of, there was no cause of action. Signing the form was not negligent in itself, nor was it a reckless or wanton act, as the trial court claimed the plaintiff could try to prove at trial. Although this case is only directly binding on the area of the 6th circuit, and need not bind state courts, the court recognized what common sense, and the certification say, the person signing does not open himself up to any liability by doing so.
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