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I 594 and the evil "nail gun", a letter from the BATF

MSG Laigaie

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http://www.atf.gov/sites/default/fi...ter_on_the_redesign_of_stabilizing_braces.pdf

See ATF Ruling 95-3. Further, ATF has advised that even use of an unregulated flare and flare launcher as a weapon results in the making of a NFA weapon. Similarly, ATF has advised that, although otherwise unregulated, the use of certain nail guns as weapons may result in classification as an “any other weapon.”

No..... ( insert whiny voice here)the batf will never consider a "nail gun" as a weapon.
What now legislature? It seems as though the evil "nail gun" has caught the attention of the bat boys.

Is the pistol at my side a pistol if I do not use it as such? How does a nail gun "become" a weapon? It either is or is not.
 
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SovereigntyOrDeath

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Dec 15, 2014
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Location
Coeur D Alene, Idaho
http://www.atf.gov/sites/default/fi...ter_on_the_redesign_of_stabilizing_braces.pdf

See ATF Ruling 95-3. Further, ATF has advised that even use of an unregulated flare and flare launcher as a weapon results in the making of a NFA weapon. Similarly, ATF has advised that, although otherwise unregulated, the use of certain nail guns as weapons may result in classification as an “any other weapon.”

No..... ( insert whiny voice here)the batf will never consider a "nail gun" as a weapon.
What now legislature? It seems as though the evil "nail gun" has caught the attention of the bat boys.

Is the pistol at my side a pistol if I do not use it as such? How does a nail gun "become" a weapon? It either is or is not.

We all need to contact our reps in congress and demand the BATF be de-funded. Along with EPA, Dept of Ed, etc, etc, etc......

These guys are out of control!
 

Grim_Night

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Aug 5, 2012
Messages
772
Location
Pierce County, Washington
Here's a question I've been rolling around in my head for a while... if a SBR is a NFA weapon, what about Long barrel handgun? Is there a requirement to regulate handguns with barrels that are 16-18" long or longer?

From the 1989 Batman film. Jack Nicholson as the Joker pulled this revolver out of his pants.
4152472-5561694578-13887.jpg
 

The Truth

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MSG Laigaie

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Philipsburg, Montana

jackrockblc

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Jul 13, 2014
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Location
Jefferson County, CO
Annoyingly, the word they're going to focus on (for defending this position) is that the "use" of a nail gun as a weapon will result in a reclassification. Meaning that it is fine if used for construction, but if somebody uses a nail gun to go all "Danny Glover in Lethal Weapon" on somebody, then it's now an ATF problem.

Similar to the arm brace letter earlier this month - using it as "designed" won't incur problems. But using it in another way redesigns it (not in my opinion, but that's the thinking) as something else.
 

Jeff Hayes

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Long gone
OK but how can a nail gun or flare gun be an AOW if you can not buy a tax stamp for it?
 
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Whitney

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Jan 12, 2010
Messages
435
Location
Poulsbo, Kitsap County, Washington, USA
You can buy a stamp..if you want to.

OK but how can a nail gun or flare gun be an AOW if you can not buy a tax stamp for it?

At the risk of sounding condescending, there really is a way if you REALLY wanted to. I suppose you could tweak a nailgun to get the desired results if you spend enough time on it.

http://www.atf.gov/sites/default/fi..._regulations_reference_guide_2014_edition.pdf

ATF rule 75-7
The Bureau has long held that such weapons when actually converted to fire other than the gas or pyrotechnic cartridges originally designed for use there with are “firearms” under Chapter 44 and the National Firearms Act, depending upon
the individual characteristics of the weapon. See Revenue Ruling 56-29, supra, and Revenue Ruling 56-597,
C.B. 1956-2, 931 (Internal Revenue).

These determinations with respect to the converted weapon were not altered by the amended definitions of the term
“firearm” now found in 18 U.S.C. 921(a) (3) and the term “any other weapon” in 26 U.S.C. 5845(e). Accordingly, any
such weapon which is capable of being concealed on the person which has originally been designed or converted to
discharge a shot through the energy of an explosive will remain subject to the provisions of the National Firearms Act
as an “any other weapon” (26 U.S.C. 5845(e)).

Should you decide you want to fire a real 12gauge shot shell from your Orion flare gun.


§ 479.82 Rate of tax.

The transfer tax imposed with respect to firearms transferred within the United States is at the rate of $200 for each
firearm transferred, except that the transfertax on any firearm classified as “any other weapon” shall be at the rate of $5 for
each such firearm transferred. The tax imposed on the transfer of the firearm shall be paid by the transferor.

Make sure you send the appropriate fee with This Form.

~Whitney
 

twoskinsonemanns

Regular Member
Joined
Apr 12, 2012
Messages
2,326
Location
WV
Several of the clueless poked the bear with a lot of already answered questions and we ended up with this. If you get them to start thinking, they chip a bit more off the Liberty Bell.

Seems to be a ask for forgiveness instead of permission position to me. Big gamble when dealing with the ATF.
 

Kopis

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Joined
Jun 19, 2013
Messages
674
Location
Nashville, TN
so if you commit a crime with a nail gun, then you'll get extra federal charges for using a non registered SBR ? lol...
 

MSG Laigaie

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Messages
3,208
Location
Philipsburg, Montana
you'll be prosecuted on the basis of how you employ these devices, period.

ABSOLUTELY!! Also the "feelings" of the batf guy the day the see it.

so if you commit a crime with a nail gun, then you'll get extra federal charges for using a non registered SBR ? lol...

What about a "negligent discharge" resulting in severe injury or death? What about the clown that shoots a place up with a nail gun to the extent of felony damage? Or even misd damage if they press charges?
Boys and Girls we have a cornucopia of unwritten law, uninterpreted law, and a whole bunch of just dumma$$ law. Be careful out there.
 
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