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- Path: sparky!uunet!paladin.american.edu!darwin.sura.net!dtix!mimsy!optilink.com
- From: cramer@optilink.com (Clayton Cramer)
- Newsgroups: rec.guns
- Subject: Re: BATF info letter 11-16-92 (false info?)
- Message-ID: <13261@optilink.UUCP>
- Date: 19 Nov 92 15:13:44 GMT
- Sender: magnum@mimsy.umd.edu
- Organization: Optilink Corporation, Petaluma, CA
- Lines: 32
- Approved: gun-control@cs.umd.edu
-
-
- In article <199211170447.AA14646@ucsu.Colorado.EDU>, fcrary@ucsu.Colorado.EDU (Frank Crary) writes:
- # 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
-
- There has. Farmer v. BATF? about two or three years ago.
- We won at district court, lost on appeal, and the Supreme
- Court wouldn't hear the appeal. To be honest, it wasn't
- a strong case. The argument advanced was that Congress,
- by saying that no machine gun would be made except "under
- the authority of the U.S. Government" was saying that only
- manufacturing done with approval by BATF was legal. That was
- clearly NOT what Congress intended. I'm not surprised we
- lost that one.
-
-
-
- --
- Clayton E. Cramer {uunet,pyramid}!optilink!cramer My opinions, all mine!
- "Foxes prefer rabbits with short claws." -- Nadja Adolf
-