26 USC 5861(d) Question...
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  1. #1
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    26 USC 5861(d) Question...

    I was reading a complaint filed by the ATF against those morons who planned to kill Obama, and they were charged with 26 USC Section 5861(d). This section states:

    (d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record;
    US CODE: Title 26,5861. Prohibited acts

    Now, if I read that correctly, if I buy a weapon in accordance with my state law (VA), I am in violation, right? It won't be listed as transferred because it was sold private party. Is this one of those sections that isn't enforced or what's the deal? Anybody have any experience? Thanks.

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  3. #2
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    Good question! I, too, have purchased via private party, albeit long ago. I now wonder if that transaction now would be a sick bird. Any leagle-beagle types out there? Thanks from here too.

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    That falls under CH-53. Machine Guns, Destructive Devices and Certain other Devices. US CODE: Title 26,CHAPTER 53—MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS You must register and pay the tax in order to own one of these weapons. Not doing so would make you be in violation of 26 USC 5861(d).
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

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    Quote Originally Posted by Red Hat View Post
    That falls under CH-53. Machine Guns, Destructive Devices and Certain other Devices. US CODE: Title 26,CHAPTER 53—MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS You must register and pay the tax in order to own one of these weapons. Not doing so would make you be in violation of 26 USC 5861(d).
    I think Red Hat hit it right on the head. From what I head they had a sawed off shotgun which would be classified as a Destructive Device. Since I'm guessing they did not have the proper paperwork and tax stamp thats why they were charged with violation of 26 USC 5861(d)
    "When Government fears the people, it's liberty. When people fear the Government, it's tyranny."
    - Benjamin Franklin

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    Can they use their judgment when using this section in regards to "destructive devices"? I assume it is in reference to machine guns, but I am not sure...

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    Quote Originally Posted by xd.40 View Post
    Can they use their judgment when using this section in regards to "destructive devices"? I assume it is in reference to machine guns, but I am not sure...
    Only if it falls under their definition of Destructive devices.

    US CODE: Title 26,5845. Definitions

    (f) Destructive device The term “destructive device” means
    (1) any explosive, incendiary, or poison gas (A) bomb,
    (B) grenade,
    (C) rocket having a propellent charge of more than four ounces,
    (D) missile having an explosive or incendiary charge of more than one-quarter ounce,
    (E) mine, or
    (F) similar device;

    (2) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes; and
    (3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled. The term “destructive device” shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684 (2), 4685, or 4686 of title 10 of the United States Code; or any other device which the Secretary finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.


    If you click on each of these at the top of the page you linked you will see where the part you cited falls under.

    TITLE 26 > Subtitle E > CHAPTER 53 > Subchapter C > § 5861
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

  8. These restrictions are specific to the "firearms" defined in 26 USC Chapter 53

    Have a look at 26 USC § 5845 - Definitions ; important to understand this section of law.
    Better to start at the beginning of 26 USC Chapter 53 - MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS; and work your way through. That way when you arrive at the prohibitions sections you have the all important context.
    Yes, it is a pain; other choice is to just draw up a list of questions and $pay$ a well qualified lawyer.
    Short non-lawyer answer - only the special items defined in this statue are required to be registered; ie silencer, short barrel shotgun, short barrel rifle, machine gun, bomb, grenade, mine, etc.


    Quote Originally Posted by xd.40 View Post
    I was reading a complaint filed by the ATF against those morons who planned to kill Obama, and they were charged with 26 USC Section 5861(d). This section states:


    US CODE: Title 26,5861. Prohibited acts

    Now, if I read that correctly, if I buy a weapon in accordance with my state law (VA), I am in violation, right? It won't be listed as transferred because it was sold private party. Is this one of those sections that isn't enforced or what's the deal? Anybody have any experience? Thanks.

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