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The Range
NFA & Class III Discussion
Anyone register a pistol brace?
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<blockquote data-quote="Chuckie" data-source="post: 4053588" data-attributes="member: 42584"><p>I agree with everyone here that though the ATF is tasked with enforcing gun laws passed by Congress (through the DOJ or DHS) the ATF itself has no authority to make laws (regulations).</p><p>- The problem with challenging those [technically illegal] regulations that the ATF claims as their own, is that even if those regulations are actually unenforceable, gun owners have been groomed over the years to believe beyond a shadow of a doubt that they will be prosecuted to the fullest extent of the law if they violate any of them.</p><p>- That is why I posted the picture of the horse tied to the lone plastic chair . . . to illustrate that even though the horse could have easily walked off dragging the chair with it, it <strong>believes </strong>that it cannot.</p><p></p><p>I've looked but could not find even a single case where a gun-owner was actually <strong>convicted </strong>of an ATF emplaced firearm regulation on its' own merit. Every conviction I found listed the ATF violation as an ADD-ON to another, more important or higher-level [usually] non-gun related crime.</p><p>- For example, someone may have had an unregistered sawed-off shotgun (SBS) in their possession but the conviction will be for the crime of . . . bank-robbery or possession of a firearm by a felon, with the unregistered NFA item being listed an ADD-ON 'crime', because technically speaking, it is not actually illegal by itself to possess an unregistered SBS or SBR. The ATF just wants you to believe it is.</p><p></p><p>The real challenge, unfortunately, would be to take any of the ATF 'regulations' up through the courts because our legal system these days will almost ALWAYS side with .gov even if the 'regulation' being challenged is actually illegal, and though .gov may not be able to convict on the illegal 'regulation' that was violated, they will always find something else. Al Capone was finally convicted on tax-evasion because prosecutors couldn't find anything else to stick.</p></blockquote><p></p>
[QUOTE="Chuckie, post: 4053588, member: 42584"] I agree with everyone here that though the ATF is tasked with enforcing gun laws passed by Congress (through the DOJ or DHS) the ATF itself has no authority to make laws (regulations). - The problem with challenging those [technically illegal] regulations that the ATF claims as their own, is that even if those regulations are actually unenforceable, gun owners have been groomed over the years to believe beyond a shadow of a doubt that they will be prosecuted to the fullest extent of the law if they violate any of them. - That is why I posted the picture of the horse tied to the lone plastic chair . . . to illustrate that even though the horse could have easily walked off dragging the chair with it, it [B]believes [/B]that it cannot. I've looked but could not find even a single case where a gun-owner was actually [B]convicted [/B]of an ATF emplaced firearm regulation on its' own merit. Every conviction I found listed the ATF violation as an ADD-ON to another, more important or higher-level [usually] non-gun related crime. - For example, someone may have had an unregistered sawed-off shotgun (SBS) in their possession but the conviction will be for the crime of . . . bank-robbery or possession of a firearm by a felon, with the unregistered NFA item being listed an ADD-ON 'crime', because technically speaking, it is not actually illegal by itself to possess an unregistered SBS or SBR. The ATF just wants you to believe it is. The real challenge, unfortunately, would be to take any of the ATF 'regulations' up through the courts because our legal system these days will almost ALWAYS side with .gov even if the 'regulation' being challenged is actually illegal, and though .gov may not be able to convict on the illegal 'regulation' that was violated, they will always find something else. Al Capone was finally convicted on tax-evasion because prosecutors couldn't find anything else to stick. [/QUOTE]
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