Challenging the Machine Gun Ban

| October 14, 2014 | 0 Comments

Sometimes beauracracy works in your favor.

The ATF ruled that trusts were not people. I am not sure why they decided this, perhaps it was to circumvent due process afforded citizens.

Anyway, 18 USC 922(o) states that :

(o)

(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

(2) This subsection does not apply with respect to—

(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

Note that 922(o) states people. It doesn’t mention anything about trusts, and since trusts aren’t people…. Now you see the loophole.

The ATF issued an unknown number of approved Form 1 applications to make machine guns. I am not sure what caused them to realize what they had done, but the ATF then contacted the people on the trust and told them their stamps were not approved and to return the stamps.

This is where it gets more interesting. Apparently the ATF does not have the authority to rescind stamps unless the stamps were sent in error or due to false / incorrect information on an application.

Since these stamps were generated legally and without error, the ATF is in a weird position.

Lawyer Stephen Stamboulieh from Mississippi is preparing to represent several people from several states who want to challenge 922(o) specifically and the NFA in general.

You can donate to this legal trust here :

http://www.gofundme.com/fmxlnk

The way the trust will work is that any legal fees incurred fighting against 922 or the NFA will be deducted from the trust. Surplus will be held in the trust in the event of future appeals or legal action.

As of this writing, the fund is at almost $28,000. Any amount would help. Between this and the ATF opinion on forearm braces there might be enough legal morass to get some things changed.

About the Author:

Short Barrel Shepherd Short Barrel Shepherd is a regular guy and works to make Web sites and mobile apps easier for people to use. He spends his free time attending fight-focused firearm, knife, and combatives training, motorcycling, writing, and playing games. His daily carry is a Glock 19 pistol and an AR15 .300 Blackout pistol in a backpack.
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