ATF Approves Post-86 Machine Gun Form 1 (don't get too excited)

[El Laton Caliente]

ATF Approves Post-86 Machine Gun Form 1

A while back we blogged about an individual who took the Prince Law Office’s determination that, as a result of the ATF clarifying that “unincorporated trusts” are not “persons” under the Gun Control Act, it may have opened a way for trusts to manufacture new Post-86 machine guns. As I have written about before, machine guns are and have always been legal in the US, but those made and registered after 1986 are not legal for civilians to own, so we may only keep trading the ones already on the market.

Well a member of ar15.com submitted a form 1 for a machine gun (application for registration of an NFA firearm one produces) and it was approved… but don’t rejoice yet.

On September 10th, 2014 the stamp came back approved, bearing that green and all too familiar $200 stamp that would allow for a new machine gun to be made, but the man was immediately contacted by the ATF and was told that he must return the stamp and that it was/is not valid. The applicant says he is taking the issue to court, which could be very interesting for the NFA community. The man says the following in the massive thread:

“Stand by, because we will surely need contributions to a legal fund if it goes to court. All things considered, this looks like a realistic opportunity at taking back out rights to Machine Guns. If this fight starts moving forward, it’s going to take a monumental amount of commitment to see it through. Hold fast, everyone. We’re going to need all hands on deck for this one.”

- See more at: http://www.thefirearmblog.com/blog/2014/09/11/atf-approves-post-86-machine-gun-form-1/?utm_source=Newsletter&utm_medium=Email&utm_content=2014-09-16&utm_campaign=Weekly+Newsletter#sthash.JH0IzF49.dpu f


One can hold out hope. Reagan and the NRA thought the ban would be overturned within a year or two...

[El Laton Caliente]

https://www.youtube.com/watch?v=wkpj-ihZ3aA

The vote was even bogus...

[Schuetzenman]

Of course it was bogus, this was just the start of the plan to disarm the people.

[L1A1Rocker]

I'll just put this right here, from Heller:


"It may be objected that if weapons that are most useful
in military service—M-16 rifles and the like—may be
banned, then the Second Amendment right is completely
detached from the prefatory clause. But as we have said,
the conception of the militia at the time of the Second
Amendment’s ratification was the body of all citizens
capable of military service, who would bring the sorts of
lawful weapons that they possessed at home to militia
duty. It may well be true today that a militia, to be as
effective as militias in the 18th century, would require
sophisticated arms that are highly unusual in society at
large. Indeed, it may be true that no amount of small
arms could be useful against modern-day bombers and
tanks. But the fact that modern developments have lim-
ited the degree of fit between the prefatory clause and the
protected right cannot change our interpretation of the
right."
http://www.scotusblog.com/wp-content/uploads/2008/06/07-2901.pdf