A DEWAT machine gun transfers tax free, as a “curio or ornament”, on a Form 5. To be a DEWAT, a gun should have a steel weld in the chamber, and have the plugged barrel steel welded to the frame or receiver. Having said that, a gun may be registered as unserviceable and not be de-activated in this manner. It may have cement or lead in the barrel, or a piece of rod welded, soldered or brazed in the barrel. Despite the repeated warnings from ATT, apparently DEWATs were made or imported that did not have steel welds. And a weapon registered as “unserviceable” before 1968 was not held to these standards. One (ostensible) reason machine gun receivers were redefined as machine guns in 1968, thus bringing DEWATs under the NFA regulation, was that folks were regularly and easily making their DEWATs live guns w/o complying with the law. Some barrel plugs were so poor they would fall out with little coaxing. The thing with buying a DEWAT is that it may be easy to make it live, or it may be hard. The gun may be pristine or rather beat up. They usually cost less than a live gun because they will not be 100% original if made live. However if you just want a shooter buying a DEWAT and getting it made live can often be cheaper than an original gun. DEWAT guns are best not bought Rifle Scopes unseen, unless you do not wish to make it live, but have it as a wall hanger. The exact state and extent of the welds will determine how hard it is to make live. However if you want a wall hanger, a dummy gun is much cheaper, and requires no paperwork. They can look totally authentic. They do not have an intact machine gun receiver, but a partially machined dummy receiver.

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Special treatment of certain weapons
Destructive devices are treated differently, in terms of manufacturing or dealing. One must have a special FFL, (type 9, 10 or 11, to deal, make or import respectively) and be a SOT to make one tax free or deal in them. But anyone can make them on a Form 1, tax paid.

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Thanks to several tipsters who alerted me to the public release of a test flight of the Russian 5th-generation fighter prototype: the so-called PAK-FA, or

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FAQ On National Firearms Act Weapons
By James O. Bardwell



eotech xps3

Shortest model sight yet! This sight is smaller than the former N-cell battery sight (511/551) and runs on a single 123 battery. It also has a longer battery life than the N-cell style sights. Smaller,lighter and always fast with three reticle options. With the new single battery configuration, the XPS allows more rail space than ever, leaving more room for rear iron sights or NV mount. FEATURES: -Single transverse 123 battery to reduce sight length -Shortened base only requires at most 2 3/4" of rail space compared to the 4" N battery sights -Battery cap and latch are eliminated and replaced with a simple O-ring, tethered cap; better sealing is achieved -Battery compartment is now separated from the base to allow it to hover over the delta ring of the rifle -Average battery life at brightness level 12 is roughly 500-600 hours, 3X battery life of N cell sights -Three reticle options: 0- 65MOA circle with 1 MOA aiming dot 1-single 1MOA aiming dot 65MOA circle with two 1MOA aiming dots Operation Optics: Transmission holography – parallax free Magnification: 1x Eye Relief: Unlimited Length/Width/Height: 3.75"x2.4"x2.4" (95.25X60.96×60.96) Weight: 8.8 oz (250 grams) Temperature: -40 to 150 F Waterproof: Submersible to 33 ft depth Sealing: Fogproof internal optics Color/Finish: Non reflective black with hard coat finish Adjustment (per click): 0.5 MOA (1/2" at 100 yds),0.25 MOA (14" at 50 yds.) Adjustment Range: +/- 40 MOA travel Mount: 1" Weaver or Picatinny (MIL-STD-1913) rail Return to Zero: Repeatable to 2 MOA after re-mounting Night Vision Comatibility: yes, 10 setting (generation i-iii+) Heads-Up-Display Window Optical Surfaces: Anti-glare coating Window Dimensions: 1.20" x 0.85" (30 x 23mm) Front Window Material: 1/8" solid glass Rear Window Material: Shatter resistant laminate (3/16" thick) Field of View (100 yds): 30 yds (28m) at a 4" eye relief Electrical Brightness Adjustment Range: 110,000:1 brightest to lowest Night Vision Brightness Range: 1000:1 with NV switch engaged Power Source: (1) 123 lithium battery Battery Life: 600 continuous hours at nominal setting 12 Brightness Settings: 30 settings with scrolling feature (10 settings for NV use) Auto Battery Check Indicator: Flashing reticle upon start-up Auto Shut-down: At 8 hrs- programmable to 4 hrs EXPORT RESTRICTIONS APPLY 3% Details SKU XPS3-2 Weight 0.50 lbs Price: $569.00 Options Quantity Add to cart Add to wish list Send to friend

Folks who are around NFA guns for very long will find there are still a lot of DEWAT guns that were never registered during the Amnesty, and are now contraband unregistered machine guns. Folks have them in closets, up over the mantle… They can be stripped of parts, to make a parts set, and have the receiver thrown away. Torch cutting the receiver into 4 or more parts may be acceptable; you would have to contact ATF to find out the current standard for “de-mill”ing (short for demilitarize) a receiver; a de-milled receiver is not a firearm, it is scrap metal. A receiver only cut in half may well not be scrap; ATF has prosecuted folks where they could duct-tape together the receiver and get the gun to fire. Best to check on this before proceeding. The U.S. v. Staples, – U.S. – (1994), decision should end such ridiculous prosecutions, now the feds must prove, beyond a reasonable doubt, you knew the gun was subject to the NFA, ie you knew it was a machine gun, that it could fire more than one shot with a pull of the trigger, and so on. But even if there were no prosecution, you could lose the receiver and or parts to a forfeiture, if ATF though it was in fact a machine gun, and it was not registered.


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Special (Occupational) Taxpayers (SOT) under the NFA are exempt from some of the making or transfer taxes. All SOT holders may transfer weapons between themselves tax free. However a transfer between an individual and a SOT will require the tax. And unless one has a class 2 SOT, there is a tax on making an NFA weapon, except for making by or on behalf of a government entity. Sole proprietor SOT’s need not get the law enforcement certification for any transfer, except DD’s (unless they have the appropriate FFL), even for their own personal collection, although in that case they should pay the $200 transfer tax. They also need not attach a photo to the transfer paperwork, nor submit fingerprints. The Crime Bill (9/14/94) now requires these things with FFL applications, and SOT applications, however, and ATF was requiring them even before that became law, since early 1994. If one plans to engage in business in NFA weapons, one needs to be a SOT, just as one needs the FFL if they plan to engage in the business with regular firearms or ammunition.

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Assault weapons ban ATF (law enforcement) Brady Violence Prevention Act Concealed carry in the U.S. Federal Firearms License Firearm case law Firearm Owners Protection Act

While the statute calls these devices “silencers” or “mufflers”, the US NFA industry term is “sound suppressor”, as the word silencer has been given a negative connotation, and because it is inaccurate, as these devices do not eliminate all sound from firing a gun. However you can point the folks who get all high and mighty about the use of the word “silencer” to this definition; it is the legal term.


The statute of limitations on violations of the NFA is three years, with the possibility of extension of that time to six years for some wilful violations. See 26 USC 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.

However, as most NFA weapons are also regulated by the GCA, purchases from a dealer require the completion of the standard 4473 yellow form, as well as dealer bound book records, and this source of information is not so similarly restricted. ATF may release this information to local law enforcement for a host of law enforcement purposes. (18 USC sec. 923(g)(1)(D)).

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Form Title
————————————————————–
1 (5320.1 ) – Application to Make and Register a Firearm
2 (5320.2 ) – Notice of Firearms Manufactured or Imported
3 (5320.3 ) – Application for Tax-Exempt Transfer of Firearm and
Registration to Special (Occupational) Taxpayer
4 (5320.4 ) – Application for Tax Paid Transfer and Registration
of Firearm
5 (5320.5 ) – Application for Tax Exempt Transfer and
Registration of a Firearm
9 (5320.9 ) – Application and Permit for Exportation of Firearms
10 (5320.10) – Application for Registration of Firearms Acquired
by Certain Governmental Entities
5320.20 – Application to Transport Interstate or to
Temporarily Export Certain National Firearms Act
(NFA) Firearms
5630.6A – Special Tax Stamp [for SOT]
5630.7 – Special Tax Registration and Return: National
Firearms Act (NFA)



Weigand Anaconda/Python/ King CobraWeaverStyle scope mount

Drilled and Tapped- Matches the hole pattern of Anacondas that come drilled and tapped for scope mounts directly from the factory. *This scope mount also fits Pythons. Remove the rear sight and install the scope base with screws provided. Extra large rear lug fits in the sight recess and prevents scope movement caused by recoil. This Colt scope mount has a long history dating back to 1994. We have sold thousands of these mounts with rock solid results. Older revolvers can be drilled and tapped to use this mount. Screws are 6-40 thread and are supplied with the mount.

AcceptsWeaverstyle rings and accessories. 4-1/2 long, silver, matte anodized finish, weighs 1.7 ounces.

Color Finish:

The definition of “machinegun” in the NFA (26 USC sec. 5845(b)) includes parts to convert a gun into a machine gun. Note that conversion parts are not included in the definition of “firearm” under the Gun Control Act, one of the few things I know of that is a firearm under the NFA, but not the GCA. Thus the purchaser of a conversion part from an FFL need not do a 4473 form, unlike other NFA weapons. Of course the host gun, if purchased from an FFL, will require the 4473. This reading of the law is based on numerous statements from ATF, and the definition of “firearm” under the GCA, which requires it be able to expel a shot. However, at least one very slow judge has decided that somehow the definition of “firearm” in the GCA “incorporates” the definition of “machine gun” under the GCA (even though the law doesn’t say that) and that a machine gun conversion part is a “firearm” under the GCA as well as the NFA. I think the judge is clearly wrong, even ATF reads the law better than that, but the point is to be careful. The case is U.S. v. Hunter, 843 F.Supp 235 (E.D. Mich. 1994), and see also the same judge’s second opinion in the same case, at 863 F.Supp. 462 (E.D. Mich. 1994). These parts are called registered sears, as well as other parts or sets of parts to convert a gun into a machine gun.

Missing Sailor Found Dead in Afghanistan
One of two U.S. Sailors missing in Afghanistan since last week has been confirmed dead and his body recovered, a NATO spokesman said Tuesday. The search continues for the other missing Sailor.