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A Great Time To Buy A Machine Gun? Lawyer Claims ATF Accidentally Appr


Hawkeye_Joe
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Nowhere. A trust cannot make a machinegun - or any other firearm. A person must act on its behalf. A few times a year, people who are not well versed in laws and regulations make a "discovery" that no one else has thought of in the last xx years.

 

A trust not being a person in the GCA is not new. Some experts just did not realize it until recently.

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Well, probably not. Despite the attention grabbing headlines on the blogs and boards, ATF did not just "create" anything. The people experiencing the "EUREKA" moment are new or not inclined to read the book in detail previously. The person in NFA vs non-person in GCA has been the case since 1970 IIRC. That's why Darryl was shaken down for his 03 FFL (C&R); only a "person" is eligible for licensing and licensing is under the GCA. I seriously doubt that no trust F-1s have been submitted in 28 years and tend to suspect that if one had been approved it would spread like wildfire.

 

That being said, there was a case that had something of a focus on "person" possessing on behalf of an entity, albeit a different scenario and the judge ruled that 922(o) was unconstitutionally vague but it stopped at the circuit. The government did not appeal (a loss there would mean that in the affected appeals circuit there would be no ban - they'd rather let the violator walk than risk that which tells you how much of a public safety threat the guy was).

 

Anyway, if there really is an open door, it's been open since May 19, 1986 and a pox on all our houses for not seeing it.

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ATF will never allow trusts to register new machineguns.

 

Every time ATF runs into a blind alley with the vague wording of the gun laws, they just issue a letter of "clarification" and slam the lid on it.

Edited by buzz
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  • 4 weeks later...

Nowhere. A trust cannot make a machinegun - or any other firearm. A person must act on its behalf. A few times a year, people who are not well versed in laws and regulations make a "discovery" that no one else has thought of in the last xx years.

 

A trust not being a person in the GCA is not new. Some experts just did not realize it until recently.

Yea, just like a "Corporation" is not a "person." Did the U.S. Supreme Court get it right? After all they ruled that a "Corporation is a "Person" hence Corporations can have much greater voting power than us "persons."

 

Trusts and Corporatoins are not "persons" Yet our highly esteemed U.S. Supreme Court has given Corporatoins person status.

 

Go figure.

 

Steve

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