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Hardware Discussion => NFA/Title II => Topic started by: monster on January 06, 2018, 02:27:07 am

Title: I believe the ATF is wrong about repairing NFA items...
Post by: monster on January 06, 2018, 02:27:07 am
They claim that a repair can be made, with the exception of replacing the tube of a suppressor because replacing this tube would be a violation of 18 U.S.C. 922(K), but here is what 18 U.S.C. 922(K) says...

"(k)It shall be unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered or to possess or receive any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce. "

On the first few passes of 18 U.S.C. 922, it would seem that a repair would be included, but look closely. Both sections of section K utilize the key word commerce.

The definition of commerce is "the activity of buying and selling, especially on a large scale". A repair, even if completely making a new replacement item by the manufacturer or maker isn't related to buying or selling IF, the repair is done free of charge as part of a warranty repair.

Title: Re: I believe the ATF is wrong about repairing NFA items...
Post by: armoredman on January 06, 2018, 02:36:20 am
 I would tend to agree, if the Commerce Clause hadn't become so twisted over the years, to where they could conceivably argue that by repairing the tube you are affecting interstate commerce by not buying a new one. Don't laugh - that was how they justified going after a commercial farmer not paying tax on home grown wheat used at home, IIRC.
Title: Re: I believe the ATF is wrong about repairing NFA items...
Post by: j4site on January 18, 2020, 10:43:37 am
The tube is where the serial number is placed.  So if you blow up your suppressor just send it to the ATF for removal from the registry.  The manufacture is the only one that can repair it.
Title: Re: I believe the ATF is wrong about repairing NFA items...
Post by: eodinert on November 07, 2020, 07:46:12 am
The tube is where the serial number is placed.


Usually, but not always.  There is no legal requirement to put it on the tube.

Quote
So if you blow up your suppressor just send it to the ATF for removal from the registry. 

There is no requirement to do that either.
Title: Re: I believe the ATF is wrong about repairing NFA items...
Post by: Clifffalling on November 07, 2020, 12:18:42 pm
Yep, but try sending a firearm to your friend or relative as a gift... see how far you get. No buying or selling there.

However, i will say, I sent a pistol to the manufacturer in a USPS flat rate box (used the automated machine) and it went through fine.  That was several years back though.

So... in summation, who the hell knows?!
Title: Re: I believe the ATF is wrong about repairing NFA items...
Post by: Mr. Nobody on November 07, 2020, 01:56:34 pm
The bigger question is, when isn't the ATF wrong on something?

The inception of the agency is wrong and un-constitutional. Little clause we like to say, "shall not be infringed."
Title: Re: I believe the ATF is wrong about repairing NFA items...
Post by: anm2_man on November 08, 2020, 07:06:39 am
Yep, but try sending a firearm to your friend or relative as a gift... see how far you get. No buying or selling there.

However, i will say, I sent a pistol to the manufacturer in a USPS flat rate box (used the automated machine) and it went through fine.  That was several years back though.

So... in summation, who the hell knows?!

But you forgot to mention that the box contained a FIRE ARM which the USPS requires(but the postal machine doesn't have a button on it to indicate that there is a firearm in the box). (Same for UPS and Fedex). 

Now think about what a mess you would be in if the that flat rate box some how disappeared ?   and to complicate things, the firearm is used in a crime.   I don't believe that stating to the ATF that you lost the firearm in a boating accident would fly.   
Title: Re: I believe the ATF is wrong about repairing NFA items...
Post by: GTGallop on November 08, 2020, 08:29:44 am
Quote
I believe the ATF is wrong

You could have stopped there.
End of story.
Nuff Said.
Title: Re: I believe the ATF is wrong about repairing NFA items...
Post by: CZ on November 08, 2020, 01:47:16 pm
I have heard of mfr's replacing tubes and using the same serial number so,  don't just throw them away. 

What ever you do if you blow one up don't toss the tube and save the insides that would be possession of silencer parts.  Now if the inside parts were still good it could be possible to do a form 1 and register a new tube then stick the internals in it... 
Title: Re: I believe the ATF is wrong about repairing NFA items...
Post by: Clifffalling on November 08, 2020, 04:24:22 pm
But you forgot to mention that the box contained a FIRE ARM which the USPS requires(but the postal machine doesn't have a button on it to indicate that there is a firearm in the box). (Same for UPS and Fedex). 

Now think about what a mess you would be in if the that flat rate box some how disappeared ?   and to complicate things, the firearm is used in a crime.   I don't believe that stating to the ATF that you lost the firearm in a boating accident would fly.

That was kinda my point...lol!