Did ATF Approve Your Making of a New Machinegun and Then Rescind It? Contact Us To Discuss

As many of our viewers are aware, on May 14, 2014, I wrote an article: Did ATF’s Determination on NICS Checks Open the Door for Manufacture of New Machineguns for Trusts? At that time, I submitted a paper Form 1 for a minigun, as eFile was not currently available. Several weeks later, eFile would come up and several individuals submitted eForm 1s, utilizing the argument I put forth in my article, to make new machineguns. As paper forms are taking 6+ months, but eFile Form 1s are only taking 30-45 days, several individuals have reported receiving approvals to make a new machinegun. Yesterday, ATF decided to rescind those approvals and started calling individuals to inform them of the rescission.

Some have reported receiving eFile notices from ATF stating the change in determination. ATF’s humorous basis is allegedly:

 THE GUN CONTROL ACT OF 1968 (GCA), AS AMENDED, PROHIBITS ANY PERSON FROM POSSESSING A MACHINEGUN NOT LAWFULLY POSSESSED AND REGISTERED PRIOR TO MAY 19, 1986. SEE 18 U.S.C. § 922(O). THE GCA DEFINES THE TERM “PERSON” TO “INCLUDE ANY INDIVIDUAL, CORPORATION, COMPANY, ASSOCIATION, FIRM, PARTNERSHIP, SOCIETY, OR JOINT STOCK COMPANY.” SEE 18 U.S.C. § 921(A)(1). PURSUANT TO THE NFA, 26 U.S.C. § 5822, AND IMPLEMENTING REGULATIONS, 27 C.F.R. § 479.105(A), ATF MAY NOT APPROVE ANY PRIVATE PERSON’S APPLICATION TO MAKE AND REGISTER A MACHINEGUN AFTER MAY 19, 1986.

THE FACT THAT AN UNINCORPORATED TRUST IS NOT INCLUDED IN THE DEFINITION OF “PERSON” UNDER THE GCA DOES NOT MEAN THAT AN INDIVIDUAL MAY AVOID LIABILITY UNDER SECTION 922(O) BY PLACING A MACHINEGUN “IN TRUST.” CONSEQUENTLY, IN TERMS OF AN UNINCORPORATED TRUST, ATF MUST DISREGARD SUCH A NON-ENTITY UNDER THE GCA AND CONSIDER THE INDIVIDUAL ACTING ON BEHALF OF THE TRUST TO BE THE PROPOSED MAKER/POSSESSOR OF THE MACHINEGUN.

We have discussed these rescission with several individuals and are looking at filing suit against ATF over them. If you received an approved Form 1 to make a new machinegun and have subsequently received notice from ATF that they are rescinding it, contact us to discuss your legal options.

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3 Comments

Filed under ATF, Firearms Law, Gun Trusts

3 responses to “Did ATF Approve Your Making of a New Machinegun and Then Rescind It? Contact Us To Discuss

  1. michaelpeterweed

    Thought you might be interested to know that the NFA Branch seems to have really picked up speed on processing paper Form 1 applications. I just mailed one on 28 July 2014 for a SBR on my family NFA trust that Prince Law established. I just received my tax stamp back on 10 September 2014. That is 44 days door-to-door. This is the fastest I have ever experienced for a paper Form 1.

    Like

  2. Pingback: ATF may have accidently approved a Form 1 Machinegun - Page 3

  3. Pingback: Can a Trust Form 1 a Machine Gun? | Robert K. Merting – Attorney at Law

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