Did the ATF Open the Door for Manufacture of New Machineguns for trust?

[Koshinn]

The whole jist of this discussion is that we need a test case. Who wants to take point.

We already have two, the lawyer from guntrustlawer.com and the original poster who wants a minigun, who's also a lawyer.

They believe in it enough to put their money where their mouth is. I would too, but I don't have a trust yet. In a month or two I'll be submitting a form 1 as well.

[BPA164]

Well I went ahead and filled out the paperwork and sent it in. I'm going to try this out for myself if anything ill just get a good attorney. we will see what happens.

[Koshinn]

Well I went ahead and filled out the paperwork and sent it in. I'm going to try this out for myself if anything ill just get a good attorney. we will see what happens.

Keep us updated. What state are you in?

Care to provide citations of law and/or especially legal precedent for literally everything in the quoted post?

By the way, did I answer your questions to your satisfaction (with citations) earlier? I spent some time working on that reply!

[TAZ]

Everyone's pretty sure they're going to deny the forms at first. The point is, they can be sued in federal court to appeal the denial and then be forced to approve them.

I hope you are correct, but my pessimist guy said and appeal will result in the BATFE being allowed to make a clarification of their ruling where by they will change the wording to read person and other legal entity. And we will be done.

[Koshinn]

I hope you are correct, but my pessimist guy said and appeal will result in the BATFE being allowed to make a clarification of their ruling where by they will change the wording to read person and other legal entity. And we will be done.

Their ruling actually doesn't matter since the key to the argument is a federal law passed by Congress and resides within the US Code. The ATF literally cannot change the wording as they have no power to alter the US Code. The only thing that really happened in that letter was pointing out the omission of "trust" from the definition of "person" in the FOPA. Once everyone realized that, and then got additional encouragement by knowing that the ATF (properly) uses the definition of person that doesn't include trusts, articles and threads like this started to appear.

[TAZ]

Their ruling actually doesn't matter since the key to the argument is a federal law passed by Congress and resides within the US Code. The ATF literally cannot change the wording as they have no power to alter the US Code. The only thing that really happened in that letter was pointing out the omission of "trust" from the definition of "person" in the FOPA. Once everyone realized that, and then got additional encouragement by knowing that the ATF (properly) uses the definition of person that doesn't include trusts, articles and threads like this started to appear.

Agree with you on the legal side. The practical side is a bit different. Their interpretation of federal law will certainly matter of they decide to go after you.

[Koshinn]

Agree with you on the legal side. The practical side is a bit different. Their interpretation of federal law will certainly matter of they decide to go after you.

The thing about any Law Enforcement Agency is that they can decide to go after you for whatever they want.

Whether it's legal or not is another issue. If their interpretation of federal law is wrong and they knew it was wrong, bad things will happen to those agents. And possibly a lot of money could fall into your hands as part of a settlement.

[BPA164]

Keep us updated. What state are you in?

I'm in Texas. Ill keep you updated.

[BPA164]

I spoke with an ATF agent at work about this and according to him a tust is not a person also told me to keep him updated as he plans on trying the same. Love it

[SpyderMan2k4]

I spoke with an ATF agent at work about this and according to him a tust is not a person also told me to keep him updated as he plans on trying the same. Love it

Interesting to say the least! I'm really curious to see how this progresses.