U.S. v. Some Guns

Discussion in 'Firearms' started by Malum Prohibitum, Dec 12, 2006.


  1. Macktee

    Macktee New Member

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    Interesting read. Thanks for posting it.

    "Rick" sounds like one of those guys who wears a tinfoil hat while watching out for the black helicopters. The kind of guy who has a year's supply of MREs in the basement, a couple of hundred guns and a million rounds of ammo.......just in case.

    His prices were pretty reasonable. But, I suspect anyone who made a purchase from him should be a little concerned about the ATF knocking on (or kicking down) the front door...
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    So What do Y'all Think?

    MP, thanks for the posts. I skimmed the PDF file reproducing the complaint against the guns. I have trouble watching video, so I didn't view the interview.

    So this guy was in the business of selling mostly-completed firearm frames for defensive / combat guns, and he admitted that most of his customers intended to complete the frames into working firearms, and he admitted that most of his customers wanted to build their own weapons this way did so at least partially motivated by their desire to avoid federal firearms laws relating to the purchase of new firearms from FFL dealers.

    Is that a crime?
    Are the unfinished firearm frames close enough to be legally treated as firearm frames, when it would take a skilled metalworker 2 hours in a basement workshop to complete them? It's not like we're talking about just drilling a hole with a hand-held cordless drill. For the M1911, we're talking about milling the slots into the side of the rails! I consider that a pretty big job!

    Is it illegal for a private individual to make his own gun? Two of the firearms the feds have confiscated and want to forfeit are pistols that this guy built for himself, for his own personal use, and he still possessed them when his house was raided and his guns confiscated.

    Is it illegal for a private individual (non-FFL holder) to sell unfinished firearm frames (assuming the they were unfinished enough that they do not qualify as firearms themselves) to others, knowing that the others intend to make working firearms out of them for resale and distribution?
    This may be where the government nails this guy. His customers were not always looking to build themselves one gun to keep. Some of them were looking to buy several identical guns to build and then distribute, also without any FFL.

    I don't have a problem with the government going after this guy's guns in a civil action, based on the facts of this case. Is he charged criminally himself? That might be a different situation. But here, as an action in rem against the guns themselves, it looks like there is evidence that he has been aiding and abetting people who were going to be making illegal guns for resale on the black market.
     
  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Re: So What do Y'all Think?



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