Pennsylvania Lawyer Claims ATF Determination Allows for New Machine Guns
Pennsylvania attorney Joshua Prince, Esq. is making a bold claim in his blog entry Did ATF’s Determination on NICS Checks Open the Door for Manufacture of New Machineguns for Trusts? that may be music to NFA enthusiasts’ ears.
In his post, Prince points out that, although the NFA regulations include language to include trusts under their purview, the 1968 Gun Control Act (GCA), codified in Title 18 of the United States Code, includes no such language. A 2013 inquiry by Dakota Silencer received an ATF response reading: “Unlike individuals, corporations, partnerships, and associations; unincorporated trusts do not fall within the definition of ‘person’ in the GCA.” As many already know, transfer by a person of a machine gun that was not registered before May 19, 1986 is forbidden by the Hughes Amendment to the Firearms Owners Protection ACT FOPA, which added subsection 922(0) to the law.
Prince’s conclusion is that:
[P]ursuant to 26 U.S.C. 5812 and 5822, an unincorporated trust may lawfully transfer and make machineguns, as it is not a “person” for purposes of the GCA and Section 922 only applies to “persons” as defined by the GCA.
This conclusion is Continue reading
NRA and Colion Noir Bring New Show to Online Viewers
If you are a firearms enthusiast, social media user or some combination of the two, you are likely familiar with Mr. Colion Noir from his YouTube channel rife with snappy, well-stated commentary on guns and gun rights. If you are not familiar with him, now is the perfect time for an introduction. The self-proclaimed “firearms aficionado, concealed carrier, gun reviewer, budding attorney” has teamed up with NRA Freestyle as of late in a new online talk show sponsored by Mossberg and co-hosetd by Amy Robbins.
Check out Noir Episode 1, “Start Here,” below. New episodes will be available every Sunday at 8 pm Eastern on nrafreestyle.tv/noir.
NH Democrat Pushes to Allow EBT Recipients to Purchase Firearms with Aid
New Hampshire’s 6th District Representative Timothy Horrigan argued before the house on Wednesday against a prohibition on public assistance recipients purchasing firearms using their EBT cards.
The proposed SB203 expands the prohibited uses of EBT funds as listed in NHRSA 167:7-b to forbid EBT cards from being used to purchase, among other things, firearms. Paragraph I-a of the legislation reads “[a]ny person who receives public assistance is prohibited from using an EBT card or cash obtained with an EBT card to gamble or to purchase tobacco products, alcoholic beverages, lottery tickets, firearms, or adult entertainment.” Continue reading
Another Anti-Gun Pol Dealing Guns?
Perhaps attempting to achieve Anti-Gun Hypocrite Level: Holder, California Senate’s top gun control advocate arrested in firearms trafficking plot.
Buy, Sell and Trade on the GunLink Marketplace
It is no secret that many companies are anti-gun. There are stories about PayPal freezing accounts used to purchase firearms accessories. eBay seems to selectively police what is and is not allowed for sale on their website on a whim. Amazon recently announced changes that will allow fewer types of firearms accessories to be listed for sale. Facebook disallows firearms related advertising and, along with Instagram, is cracking down on private sales of firearms. If you have ever tried to post wanted or for sale ads for firearms or accessories on Craig’s List, you know that they are almost immediately flagged and deleted.
Putting aside the politics and the theory that this is just more propaganda to demonize anything related to firearms, it makes it difficult to complete legitimate, individual, private sales of firearms and accessories. Let’s say you have a box of holsters you don’t use or a firearm you no longer shoot or magazines for a rifle you no longer own. How can you sell your items if you can not list them on eBay or Amazon to get widespread exposure or even Facebook or Craig’s List for the local crowd? This is a familiar, frustrating experience for many people in the market to buy or sell firearms and firearms related accessories.
All hope is not lost, however. The recently-opened GunLink Marketplace is a section of the online GunLink Forums with sections to post for sale, wanted and wanted to trade ads for legal transactions between private individuals. Forum members are able to post their buy/sell/trade announcements in the forums, communicate with the other parties to the transaction, view and leave feedback and more.
As a bonus, since the GunLink Marketplace is brand new, to get things started we are even offering an opportunity to win some prizes just for posting your ad. For a limited time, when you post a buy/sell/trade ad in the GunLink Marketplace, you will be entered for a chance to win some great prizes like firearm-related stickers and patches, knives, flash drives, paracord gear and more.
Multi-Agency Gang (MAG) Unit Investigation Leads to Federal Indictment of FnD Gang Members, Including Two Who Are Charged with the Mother’s Day Shooting
NEW ORLEANS, LOUISIANA – U.S. Attorney Kenneth Allen Polite, Jr., announced the recent unsealing of a superseding indictment charging members of the Frenchmen/Derbigny gang, or “FnD,” with violating federal drug and firearm laws. A federal grand jury returned the superseding indictment on February 27, 2014, charging TRAVIS SCOTT, a/k/a “Trap” or “Slim,” age 29; STANLEY SCOTT, a/k/a “Stizzle,” age 22; SHAWN SCOTT, a/k/a “Shizzle,” age 25; AKEIN SCOTT, a/k/a “Keemy,” age 20; JEREMIAH JACKSON, a/k/a “Rocky,” age 23; GRALEN BENSON, a/k/a “Dooley,” age 26; BRIAN BENSON, a/k/a “Dub” or “Dubba,” age 24; CRYSTAL SCOTT, a/k/a “Chris,” age 32; and RICHMOND SMITH, a/k/a “Ace,” age 25, with various violations of the Federal Controlled Substances Act and the Federal Gun Control Act.
According to the superseding indictment, the Frenchmen/Derbigny gang conspired from 2006 through 2013 to violate federal drug distribution laws. The superseding indictment also alleges that some of the members, TRAVIS SCOTT, STANLEY SCOTT, SHAWN SCOTT, AKEIN SCOTT, JEREMIAH JACKSON, GRALEN BENSON, and RICHMOND SMITH, conspired to possess and use firearms in furtherance of the drug distribution operation. The superseding indictment specifically alleges that AKEIN SCOTT and his brother,SHAWN SCOTT, discharged firearms into a Mother’s Day second-line parade on May 12, 2013, in furtherance of that drug conspiracy. As part of this overall federal gang indictment and with the full cooperation of the Orleans Parish District Attorney’s Office, the United States Attorney’s Office will be adopting the firearms and drug charges that are currently pending in state court on the individual gang members in an effort to avoid a duplication of resources.
If convicted for violating federal drug conspiracy laws, the charged individuals face a maximum penalty of life imprisonment, a $10,000,000 fine, and at least five years of supervised release. Those individuals charged with conspiring to possess firearms in furtherance of the drug distribution conspiracy face a maximum twenty years in prison, a $250,000 fine, and up to three years of supervised release.
This superseding indictment represents a coordinated effort of federal and state law enforcement authorities within the Multi-Agency Gang (“MAG”) Unit. Federal agents and New Orleans Police Department officers assigned to the MAG Unit arrested GRALEN BENSON and JEREMIAH JACKSON on March 7, 2014. BRIAN BENSON was arrested by the MAG Unit on March 10, 2014. TRAVIS SCOTT is presently in federal custody, while STANLEY SCOTT, SHAWN SCOTT, and AKEIN SCOTT are currently in state custody. RICHMOND SMITH and CRYSTAL SCOTT are still at large.
U. S. Attorney Polite thanked all members of the MAG Unit for their contributions to this investigation and prosecution.
“Following one of the most despicable shootings in our city’s recent history, our federal, state and local law enforcement partners collaborated in an unprecedented fashion to identify the allegedly responsible individuals,” stated U.S. Attorney Polite. “This superseding indictment reflects the results of the MAG Unit’s outstanding work. Let this be a signal to the entire community: those who terrorize our streets through drug trafficking and gun violence will be brought to justice.”
ATF Special Agent in Charge Phil Durham stated, “Since the day of this horrendous crime where 19 people were shot while attending a parade celebrating Mother’s Day, ATF Special Agents assigned to the MAG Unit have worked around the clock with investigators and prosecutors to see that those involved are held accountable for their actions. ATF will continue to dedicate our resources to targeting and reducing violent crime in the City of New Orleans.”
NOPD Superintendent Ronal Serpas said, “The collaboration of all partners in the Multi-Agency Gang (MAG) Unit has proven to be undeniably effective in getting some of the city’s most violent criminals out of our neighborhoods. In some cases, innocent people felt they were being held hostage by fear of illegal activities that were prevalent in their communities. These indictments are proof that the game has changed. As a team – we are focused and we are unrelenting.”
U. S. Attorney Polite reiterated that the superseding indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
ATF Special Agents assigned to the MAG Unit are the lead case agents. The prosecution is being handled by Assistant United States Attorney Matthew Payne and Special Assistant United States Attorney Brian Ebarb, who is assigned from the Orleans Parish District Attorney’s Office.
