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Old June 9, 2009, 08:46 PM   #22
James K
Member In Memoriam
 
Join Date: March 17, 1999
Posts: 24,383
Hi, Crosshair,

Your examples are not really valid. The law is clear that an individual suppressor is taxable and must be registered. The individuality is defined by the suppressor having a serial number. If that individual item is destroyed, you can't re-create it (and avoid the tax) simply by putting its number on some other item.

The second example is a BATFE regulation. But IIRC, they don't say you can't have spare parts, they say you can't have more than one body.

Three is definitely in the law and was specifically written into GCA 68 to keep machineguns from being converted to semi-autos or to "non-gun" deactivated trophies. The old law defined a machinegun as a gun "made or remade" to fire full auto; the new law defines it as any gun designed or made as a machinegun. OAMGAAMG is simply a shorthand way of saying that.

FWIW, just about all those rules have been tested in court. BATFE, believe it or not, doesn't just make up rules for fun or to try to trick people. They are required to make rules that conform to both the letter and spirit of the law and neither contradict it nor go beyond it.

Anyone who feels strongly on some of those rules can bring a test case; there is risk, but that is the only way to really test any law or government ruling.

Jim
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