GUN homemade gun.... shouldnt this guy be in federal PMINTA prison?

Discussion in 'On Topic' started by Matt2000ss, Apr 15, 2010.

  1. Matt2000ss

    Matt2000ss OT Supporter

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    i dont claim to know anything about federal gun laws in regards to manufacturing firearms.. but isnt this guy breaking the law?

    [y]U8vsicLROJo[/y]
     
  2. pyite

    pyite Member

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    He says no laws were broken. I for one believe him.
     
  3. david_4x4

    david_4x4 New Member

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    Should be a registered NFA device as an AOW
     
  4. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    If it never left the state he manufactured it in, then ATF has no jurisdiction. :mamoru:
     
  5. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    But yeah he'd be arrested.
     
  6. twistid

    twistid Banged By Super Models Moderator

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    reminds me of the flaregun my buddy's dad had when i was a childunit.
     
  7. Keesh

    Keesh New Member

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    you can manufacture allthe guns you want for personal use as long as your sesign is approved. but David 4x4 is right. It would be an AOW
     
  8. ERock

    ERock My Face Is Kittah OT Supporter

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    Not in Cali though :o
     
  9. kf4zht

    kf4zht New Member

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    You can build guns all you want so long as they are not full auto, supressed, or violates import requirements.

    Selling them is another story
     
  10. Bobalu

    Bobalu New Member

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    you all are assuming he lives in the US
     
  11. jeepilot

    jeepilot Banned

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    AOW $5 tax stamp made for things just such as "pen guns"
     
  12. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    Here's the actual law:

    I've bolded the important parts. Making a gun for yourself is not engaging in any business. And since 18 USC § 922 is rife with references to "in interstate or foreign commerce", it's clear that federal law does not apply to weapons that do NOT move across state lines.

    So while this guy CAN register his zip gun as an AOW, there's no need for it.


    ASSUMING he lives in the US. :o
     
  13. phoenixTX

    phoenixTX New Member

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    And why are Tennessee, Texas, Montana, Alaska, etc... all passing laws that would exclude weapons made within their respective states and only sold and kept within the state? Why would that be necessary if Title 18 USC doesn't apply?

    http://thecrimereport.org/2009/09/24/atf-to-gun-dealers-ignore-tn-exemption-law/

    Not saying it makes sense, but it is the law.
     
  14. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    If 18 USC 922a applies, then Tennessee, Texas, Montana, Alaska, etc's laws are irrelevant because federal law beats state law, via the supremacy clause.
     
  15. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    Could be. Good point.
     
  16. labotomi

    labotomi I don't feel like saying anything cute.

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    I know it's not always the case, but state law should trump federal laws unless the jurisdiction is specifically designated as federal by the US Constitution. The feds have been encroaching on states rights for too long and now some states are beginning to fight back. Hopefully more will follow suit.

    One state (maybe Cali) is currently enacting laws that would make it a criminal offense for federal officials to enforce federal laws that are in conflict with state laws. The federal officers could face jail time and fines if they violate these laws. I'm not sure how this battle will end, but I'm rooting for the states.
     
  17. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    I agree, and especially in this case, where the constitution clearly prohibits AT LEAST the federal government (I'm of the opinion that the 2nd amendment's wording addresses all levels of government, but even if not, the 14th takes care of that) from limiting the right to keep and bear arms. I'm against all federal gun laws, and all state laws regulating gun ownership and sales, except for banning violent and habitual criminals, and mentally incompetent people, from ownership.

    I'm just addressing the bullshit legal climate today, where the fed does whatever the fuck it wants, constitution be damned.
     

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