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Thread: Common myths held about NFA

  1. #31
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    Quote Originally Posted by dbrowne1 View Post
    No, it's still on you and it's still an affirmative defense. The "castle doctrine" just means you have no duty to retreat in your own home and every state has that in some form or another at this point - it doesn't shift the onus to the prosecution to prove you weren't justified. It doesn't work that way anywhere. If you deliberately kill another human being, you have the burden of proving it was justified.

    Same story with all of these "make my day" and "civil immunity" laws and so forth. If you actually read them, they say that you're not liable if you were justified based upon a list of criteria - you still have to prove that you satisfy those criteria, which means you can still be sued and you still have to go through discovery, and possibly even trial, to show that the law even applies to your case. So basically they add nothing of practical value to the law as it already existed.
    I understand what you are saying, but in Ohio, it was more of a "last resort" type defense. I have retreated to the farthest position in my home and have no other choice, but to pull the trigger. The intruder also had to have a weapon.

    I now no longer have to retreat and the intruder doesn't have to have a weapon.

    C4
    Last edited by C4IGrant; 04-08-10 at 16:26.

  2. #32
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    Quote Originally Posted by C4IGrant View Post
    Ya I guess since it is a used NFA weapon it would need to have a 4473 filled out and stored.

    I am just kind of cautious when dealing with the ATF and what they can later come back and say that you did something wrong (in regards to paper work).



    C4
    I'm an 01 and just assumed the 4473 I filled out from my c3 was to assist in removing the item from his aquisition books (tranferor's transaction #) since the nfa forms provided the actual changing of ownership & background check.

    Not 100% sure what TX law states on private / person to person NFA transfers...will check
    "You cannot invade the mainland United States. There would be a rifle behind each blade of grass."
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  3. #33
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    Thanks Grant! Good read, and you cleared up some of the "Myths" I have heard too .
    everyone tells me "They can search your house at any time "crap

  4. #34
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    Quote Originally Posted by C4IGrant View Post
    6. Yes, you have to use a C3 dealer in your State to transfer an NFA item (NEW NFA items and out of State Transfers).
    I sold a suppressor to an out of state buyer. Asked the question here, and was told that I could f4 it to the buyer's out of state c3. Spoke with two different nfa examiners and they confirmed it. With receipt of approved f4, I shipped it to the buyer's out of state c3, with complete 2way comms beforehand.

  5. #35
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    Quote Originally Posted by f.2 View Post
    I sold a suppressor to an out of state buyer. Asked the question here, and was told that I could f4 it to the buyer's out of state c3. Spoke with two different nfa examiners and they confirmed it. With receipt of approved f4, I shipped it to the buyer's out of state c3, with complete 2way comms beforehand.
    Yep (on already transfered items).

    The question I have though is, wouldn't it be cheaper for a C3 to take posession of the NFA item and fill out the paper work to the ATF and not pay the additional $200 transfer fee as the seller? Of course, the C3 dealer is going to charge you a transfer fee, but don't think it would be anywhere close to $200.



    C4

  6. #36
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    Quote Originally Posted by C4IGrant View Post
    ...The question I have though is, wouldn't it be cheaper for a C3 to take posession of the NFA item and fill out the paper work to the ATF and not pay the additional $200 transfer fee as the seller? Of course, the C3 dealer is going to charge you a transfer fee, but don't think it would be anywhere close to $200.
    How would the c3 take posession of the nfa item from my trust without a f4 transfer?

  7. #37
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    Quote Originally Posted by f.2 View Post
    How would the c3 take posession of the nfa item from my trust without a f4 transfer?
    Well I have never purchased an NFA item that has already been form 4'd. My guess though is that I would just do a form 3.



    C4

  8. #38
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    Two blocks on a Form 3 ask for Transferee's and Transferor's name as it appears on the FFL.

  9. #39
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    Quote Originally Posted by C4IGrant View Post
    Interesting. So the new buyer submitted a form 4 to the ATF and waited for approval?

    I have have to check Ohio Law and see if there are any regs on it.


    C4
    Yes, that's legal in Indiana too. I've privately sold personal NFA items. The buyer fills out a F4 and when it's approved, I got the stamp and called them and told them we could meet to give them their new shit.

  10. #40
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    Quote Originally Posted by C4IGrant View Post
    Well I have never purchased an NFA item that has already been form 4'd. My guess though is that I would just do a form 3.
    I'm not a dealer.

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