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Thread: Annoying!!!

  1. #41
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    Quote Originally Posted by adh View Post
    wouldn't that be a de facto approval of the method and markings?
    That's the way I would take it.

    All I can do is present my paperwork (in the unlikely event I ever had to), and make sure it matches what I have to the letter.
    "You people have too much time on your hands." - scottryan

  2. #42
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    mtk,
    I do not disagree with the law as it reads.I only point out the actual perceived intention of it.I have been an LEO since 1994.I have served on two Task Forces consisting of local LEO and federal agents throughout the years.I agree many officers have little understanding of the law,but others are very knowledgeable.The Attorney General will not come to your home to investigate
    a possible violation of NFA law;an ATF Agent will.That agent's decisions and actions will determine your fate.How he interprets the law,right or wrong,and your intentions is more important than anything else.
    I appreciate your strong desire to protect the members of this forum from potential criminal prosecution due to misinformation.However, I have no knowledge of a single incident of criminal prosecution involving the matter we are discussing.I am certain it is a non-issue for the ATF.
    Forward vertical grips on an AR pistol will get you 10 years.A rifle that malfunctions and goes full-auto will get you 10 years(Because you decided to let your buddies shoot it before you had it repaired).An unregistered 14.5" barrell with a flash hider secured by red loc-tite will get you 10 years.A registered NFA weapon without additional engraving will never be an issue.
    I harbor no ill will.My remarks were only meant to be funny.You won,the newbie engraved his weapon.

  3. #43
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    I wouldn't consider ATF's approval of the paperwork as any kind of approval of your markings as they never see your markings. I've never filled in anything in the "other markings" section of a Form 1 so they have no idea what is actually engraved on that item. They operate under the assumption that you've followed the regulations for marking the item. For all they know, I could have wrote them on the buttstock in grease pencil.

    The "other markings" section is for that "Molon Labe, bitches!" you had engraved on the magwell, not for the required NFA markings.

  4. #44
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    Hmmm... that's an interesting possibility too.

    I guess I just assumed that line 4h was the spot you'd put your engraving info on. Although I tend to agree with bigthunder223 in that it's likely a non issue for ATF.... and I know.... the mood could change down the road and they could break it off in your ass if they wanted to.
    "You people have too much time on your hands." - scottryan

  5. #45
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    I am not a lawyer, but if something says it is a defense to prosecution -- that does not mean it is legal. It just means if you are prosecuted, you can use it as a defense. Yes I know in TX it is treated as legal but that wording cannot make a CLEO comfortable.

  6. #46
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    Quote Originally Posted by rsilvers View Post
    I am not a lawyer, but if something says it is a defense to prosecution -- that does not mean it is legal. It just means if you are prosecuted, you can use it as a defense. Yes I know in TX it is treated as legal but that wording cannot make a CLEO comfortable.
    ACTUALLY... it is still undeniably legal, HOWEVER when a law is worded as something being a "defense to prosecution" that means that you are assumed to be illegal and the burden of proof that you are in legal compliance with the requirements of the law is on you. In normal legal wording the burden of proof of non-compliance with a law is on the state/etc. to prove that you are doing something illegal.

    I also am not a lawyer but I do have multiple immediate family members that are and I asked.

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