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- From: fcrary@ucsu.Colorado.EDU (Frank Crary)
- Newsgroups: rec.guns
- Subject: Re: BATF info letter 11-16-92 (false info?)
- Message-ID: <199211170447.AA14646@ucsu.Colorado.EDU>
- Date: 17 Nov 92 13:15:44 GMT
- Sender: news@mimsy.umd.edu
- Organization: University of Colorado, Boulder
- Lines: 27
- Approved: gun-control@cs.umd.edu
-
- Follow ups directed to talk.politics.guns.
-
- In article <1e953qINN3tg@usenet.INS.CWRU.Edu> bz269@cleveland.Freenet.Edu (James D. Del Vecchio) writes:
- #"In addition, any machinegun manufactured after
- #May 19,1986 would be subject to the restrictions
- #of 18 U.S.C. 992(o), which precludes private
- #possession."
-
- # What gives? I thought that the restriction was deemed
- #invalid in parts of the country by a federal court?
-
- As I understand it, there are two restrictions: The BATF will not
- accept transfer tax payments on a fairly wide class of automatic
- weapons _and_ the outright ban on private possession of such
- arms made after 1986. There have been court rulings invalidating
- the first restriction (if they won't _let_ you pay the tax, they
- can't arrest you for not paying the tax.) This applies to buyers
- in Colorado, Utah, Wyoming, Kansas, New Mexico and Oklahoma and
- to sellers in Northern Illinois. (By the way, even if you live
- in one of these areas, don't try it without talking to a lawyer...
- BATF may arrest you even if the courts will eventually throw out
- the case...) As far as I know, there has not been a court challange
- to the ban on post-1986 automatic weapons.
-
- Frank Crary
- CU Boulder
-
-