The Firing Line Forums

Go Back   The Firing Line Forums > The Hide > NFA Guns and Gear

Reply
 
Thread Tools Search this Thread
Old July 11, 2008, 05:24 PM   #1
hogdogs
Staff In Memoriam
 
Join Date: October 31, 2007
Location: Western Florida panhandle
Posts: 11,069
statute of limitations questions...

Is there a "known" statuate of limitation on PREVIOUS possible infractions of BATF laws? Ie... homemade silencer than thrown away but someone has photos of you having it. Or sawed off shotgun owned by relative in the 70's but they are in fear that a photo may exist.
Just curious...
Also can a person be held responsible for providing verbal instruction on how to make such devices if the maker gets busted with the creation?
Brent
hogdogs is offline  
Old July 12, 2008, 05:54 PM   #2
Ridge_Runner_5
Senior Member
 
Join Date: February 8, 2008
Location: Denver, CO
Posts: 1,925
The BATFE will never forget something like that, methinks...if you had a felony because of it, goodbye gun ownership...
Ridge_Runner_5 is offline  
Old July 12, 2008, 07:03 PM   #3
James K
Member In Memoriam
 
Join Date: March 17, 1999
Posts: 24,383
BATFE can be "gung ho" at times, but I can't see them trying to make an arrest based on a photo with no other evidence, then trying to convince a U.S. Attorney to bring such a silly case to court. I wouldn't worry about it.

The question of providing information is trickier. Because of freedom of speech and freedom of the press, just telling someone how to do something is usually not illegal unless it is directed toward a specific crime. Showing how a bank vault is made is not a crime; drawing a detailed map of the Last National Bank vault, with the intent that it be used in a robbery, is a crime, accessory before the fact. The people who tell you how to make a suppressor usually say the information is for "amusement only" or some such, and seem to manage to stay out of trouble.

Jim
James K is offline  
Old July 12, 2008, 07:24 PM   #4
hogdogs
Staff In Memoriam
 
Join Date: October 31, 2007
Location: Western Florida panhandle
Posts: 11,069
Neither of these situations resulted in charges... Just making sure that neither party would have to waste time lookin back at the past.
Thanks... Brent
hogdogs is offline  
Old July 14, 2008, 05:03 AM   #5
predator86
Senior Member
 
Join Date: November 2, 2007
Location: wisconsin
Posts: 549
as long as its for educational use then there is no reason why you cant know how to convert an ak to full auto......like i said, for educational purposes only!
__________________
Beware the man with one gun.
predator86 is offline  
Old July 14, 2008, 11:25 AM   #6
birdshot
Senior Member
 
Join Date: January 17, 2008
Location: north platte nebraska
Posts: 344
corraborative evidence

there is no way to make a conviction based on a photograph alone. someone would need to testify, to the facts of the case. (ie. real gun or stage prop).
as far as the statue of limitations, it runs from the day of the crime. if the persons quit possessing an illegal gun in the 70's, i'm sure the time limit for charging him has expired. most minor felonies have a 5 year limitation. your fine go ahead and run for public office.
birdshot is offline  
Old July 14, 2008, 01:11 PM   #7
James K
Member In Memoriam
 
Join Date: March 17, 1999
Posts: 24,383
If you do run for public office, the opposition will not only dig up the pictures, they will pay a dozen people to testify to the "crime" and post this exchange on one of their blogs. Those of us who responded will be arrested for misprision of a felony and forced to testify before a Senate committee writing a law to ban all guns and execute their owners.

Jim
James K is offline  
Old July 20, 2008, 09:16 AM   #8
RAnb
Junior member
 
Join Date: July 20, 2008
Location: WA, USA
Posts: 447
I do not think a photo is going to be good evidence by itself. A mere photo is not going to show the difference between a fake silencer and a real one. It will not also reveal that a short barreled shotgun is not registered unless it shows the serial number in the photo. The lesson here is do not be foolish and stay legal.

I do not think anyone can be held accountable solely for giving instructions on how to make a silencer. If that were the case, then the people who made the silencer drawings at the US Patent Office could find themselves in hot water over the drawings they post on their US government website. Remember there is freedom of speech in the USA, just use it wisely.

Ranb
RAnb is offline  
Old July 21, 2008, 11:03 AM   #9
HKuser
Senior Member
 
Join Date: January 24, 2008
Location: PA
Posts: 625
The statute of limitations on violations of the NFA is three years (possibly six, depending on circumstances showing a willful violation). See 26 U.S.C. sec. 6531. The statute of limitations does not begin to run on possession offenses until the possession stops.
As long as you possess the contraband item, you are in danger of being prosecuted.
HKuser is offline  
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 05:06 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2021 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Page generated in 0.06980 seconds with 10 queries