How to lose a Class 3 weapon

How to lose a Class 3 weapon

This is a discussion on How to lose a Class 3 weapon within the General Firearm Discussion forums, part of the Related Topics category; While I was visiting a local gunsmith this afternoon, a fellow brought in an AK that he had inherited from his father. The fore end ...

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Thread: How to lose a Class 3 weapon

  1. #1
    VIP Member Array airslot's Avatar
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    How to lose a Class 3 weapon

    While I was visiting a local gunsmith this afternoon, a fellow brought in an AK that he had inherited from his father. The fore end was wrapped in electrical tape and the barrel was very rusty.
    The 'smith looked it over and went "Oh crap". The gun was fitted with all the parts and capable of firing in FULL AUTO mode.
    The fellow had no idea and no NFA documentation. He had brought it in to see about getting it cleaned up and functional.
    The 'smith told him he(the smith) would not be able to return it to him and would have to notify the ATF to pick it up.
    Needless to say, the guy was not real happy.
    Last edited by airslot; January 29th, 2020 at 09:34 PM.
    MY RIGHTS DON'T END WHERE YOUR FEELINGS BEGIN

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    VIP Member Array G26Raven's Avatar
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    Too bad his father did not take care of this before he passed.
    I'm with Joe Biden - you can't have 50 clips in a weapon!
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    VIP Member Array HotBrass45's Avatar
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    I didn't know it was the duty of the gunsmith to enforce ATF policy. Confiscating someone's property can go really wrong really quickly
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    Since he got it from his father I wonder if it was smuggled back from Vietnam.
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    VIP Member Array airslot's Avatar
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    Quote Originally Posted by msgt/ret View Post
    Since he got it from his father I wonder if it was smuggled back from Vietnam.
    .
    I asked him if his father had been a Vietnam Vet. He said no. He thought he may have gotten it from someone he worked with.
    msgt/ret likes this.
    MY RIGHTS DON'T END WHERE YOUR FEELINGS BEGIN

    The situation will NEVER BE THE WAY YOU WANT, it WILL BE THE WAY IT IS. You must be FLEXIBLE ENOUGH TO ADAPT and just "DEAL WITH IT".

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    Senior Member Array Petroleum 1's Avatar
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    Its still worth the effort looking into running the serial number with the atf to see if it was registered at one time. If not then its contraband and has to be turned into a parts kit.

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    I was in a Class 3 LGS when a young man and his mother brought in an AR-15 that he had inherited from his grandfather. The owner saw the selector switch. He said, "I can't touch that. Take it home and find any paperwork your grandfather had on it." They brought back the M-16 with the paperwork and the LGS ended up buying it.
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    As much as that sucks, probably better than some cop seeing him at a range shooting it and busting him for it. Would have been nice if his dad would have told him what he had. All this assuming the guy wasn’t just playing dumb about it of course.
    We get the government we deserve.

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    More than a few AK's found their way to the US during the Vietnam era. Even more arrived from across the Mexico border with smugglers. Several thousand were illegally delivered from China while Mr. Clinton presided, and the Chinese company's US agent was a frequent guest at the White House. I suspect that there have been some coming in from Iraq, Afghanistan, and other places in more recent years.

    Maybe if we make these things illegal they will just go away forever. Maybe not.

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    VIP Member Array 5lima30ret's Avatar
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    Quote Originally Posted by msgt/ret View Post
    Since he got it from his father I wonder if it was smuggled back from Vietnam.
    ^^^My thoughts exactly!^^^
    msgt/ret and airslot like this.
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    Play stupid games, win stupid prizes. The FFL did was he was suppose to do, especially once he took it into his possession.
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    Quote Originally Posted by HotBrass45 View Post
    I didn't know it was the duty of the gunsmith to enforce ATF policy. Confiscating someone's property can go really wrong really quickly
    Exactly!

    What does 'taking it into possession' really mean? Is it considered transferred when the gun is physically touched by the gunsmith? Or when the gun enters through the door? At what point did the smithy sense his responsibility was to disarm the owner of his property? And because I don't take some laws too seriously, why didn't he just say get that out of here it's not legal for you to own unless...blah, blah blah?

    I walk in with one and even if I'm playing dumb you try to take my property without compensation you are going to get hurt very quickly. I call it stealing. Even if the item may not be legal but I came into it honestly, it's mine.

    If the smith wanted to call the ATF that's his right. But taking it? I'm looking that up in the code book, just doesn't appear safe for the smith.
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    Quote Originally Posted by retired badge 1 View Post

    . . .

    Maybe if we make these things illegal they will just go away forever. Maybe not.
    Snicker . . .
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    Distinguished Member Array RedSafety's Avatar
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    I knew someone who was in 'Nam and picked up one and brought it home, perfectly legal. Unfortunately, it was stolen in route home.
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    VIP Member Array airslot's Avatar
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    Quote Originally Posted by oldIthink View Post
    Exactly!

    What does 'taking it into possession' really mean? Is it considered transferred when the gun is physically touched by the gunsmith? Or when the gun enters through the door? At what point did the smithy sense his responsibility was to disarm the owner of his property? And because I don't take some laws too seriously, why didn't he just say get that out of here it's not legal for you to own unless...blah, blah blah?

    I walk in with one and even if I'm playing dumb you try to take my property without compensation you are going to get hurt very quickly. I call it stealing. Even if the item may not be legal but I came into it honestly, it's mine.

    If the smith wanted to call the ATF that's his right. But taking it? I'm looking that up in the code book, just doesn't appear safe for the smith.
    What are the penalties for possessing an NFA firearm illegally?

    A: A conviction for a violation of the NFA will result in a felony conviction, punishable by up to ten years in prison, and/or a $10,000 fine. See 26 U.S.C. sec. 5871. The U.S. Sentencing Guidelines ordinarily require prison time, even for a first offense with no prior criminal record, however various mitigating and aggravating factors can raise or lower the possible sentence range for a first offense.

    The statute of limitations on violations of the NFA is three years. 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.
    The smith is a Class 3 dealer. When you step up to the counter, you are on high res. video. Would you rather him leave the guy at risk of prosecution? Even now, he can be prosecuted any time within the next three years.
    ATF will determine if the serial number was registered and, if so, to whom. If it is not on the registry, it will be destroyed.

    Believe me, the smith was not pleased to have the gun in his shop. It's a pain in the butt for him to deal with it.
    MY RIGHTS DON'T END WHERE YOUR FEELINGS BEGIN

    The situation will NEVER BE THE WAY YOU WANT, it WILL BE THE WAY IT IS. You must be FLEXIBLE ENOUGH TO ADAPT and just "DEAL WITH IT".

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