Post-86 Machineguns legal for Trusts?

[IMBLITZVT]

QUOTE=squirrels;3304930]If you're going to do that, look up all meanings of the word.

http://www.merriam-webster.com/dictionary/possess

"o seize and take control of : take into one's possession"

You do not seize and take control of a gun if someone is letting you shoot their gun. You highlight an meaning that uses the word being defined...

http://www.merriam-webster.com/dictionary/possession

b: control or occupancy of property without regard to ownership

You better damn well regard my ownership of my MG if I am letting you shoot it!

Sorry, I think you did a good job proving my point.

So ownership is possession by definition, but not all possession is ownership.

"It's not my gun" is not a legal defense.

That is correct. One could possess it without owning it. However taking some shots at the range with their MG that they let you shoot is not possession... no matter how you cut it... just isn't... been gone over time after time after time again... still is not.

BATFE is not going to issue you one of those so you can build guns for yourself...you have to be a legitimate business.

Yes, its a business. No doubt. Does that mean everything has to be solely based on for the business use only? No enjoyment can be had or its illegal?

And that exception has nothing to do with whether it's a person or a trust. The "FFL exception" applies to people as well as trusts as well as corporations.

To my knowledge there is no exception for a FFL/SOT. They made it illegal for individuals to privately own. So the FFL/SOT does not fit that.

But you go ahead and apply to BATFE for your trust to be a Type 10 FFL. Let us know how it works out.

I never said I was going down that road.

You really want to pontificate...ask yourself, if you buy stock in Colt Firearms, does that give you the right to manufacture M4s in your basement for personal use?

Never said it does. Is also does not mean a thats illegal for a Colt Employee to take that M4 to the range to blow out a few mags for fun. Owning stock does not make you an employee of the company...

The whole premise of this thread is an exercise in over-thinking. Great for a legal blog and to make BATFE look stupid. But in the end, it's, as you put it, moot.

I agree, as I stated already its nice to talk about and interesting but will not result in any new MGs on the private market.

 

[IMBLITZVT]

I would love to see their legal justification for denying me a SOT if I follow all the laws. Who are they to say who is allowed to design prototype firearms? Only big established firearm companies? Gatson Glock used to design pots and pans in his garage before creating the Glock 17.

This gets into thought crime. An FFL is a business license. You have to be running a business. However there are plenty of businesses in all industries that never wind up selling a thing. If they can prove you are doing it for private use only, yes they can take your FFL and SOT.

What I was disagreeing with is this idea that somehow having some fun with Company property is automatically illegal.