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-   -   ebay unusual stock question (https://forum.lugerforum.com/showthread.php?t=2676)

art buchanan 01-31-2002 10:50 PM

ebay unusual stock question
 
I note that forum advice on the unusual stock on ebay was that if ATF catches you with it--Dooms day. Would not the situation more likely occur if you were caught with it "attached" to a Luger. What about all of us who have Artillery and Navy stocks displayed with attached artillerys and navies and also own detached 4" bl Lugers? I believe that "attached" is the key word here----wanna bet that after the seller was "scared off" ebay; a shrewd collector[probably one of us] contacted the guy and bought it cheap?




tom 01-31-2002 11:16 PM

Re: ebay unusual stock question
 
Hi Art,


There have been numerous cases where the courts have held that simply possessing disassembled items, which, if assembled, would constitute an unregistered Title II weapon was sufficient grounds to slap a federal felony conviction on someone.


Granted, this mostly happened in the 60's and 70's, and hopefully the ATF now has something better to do. But the question remains, to paraphrase Dirty Harry Callaghan, "Do you feel lucky?" I don't.


Tom




Orv Reichert 02-01-2002 12:20 AM

stock question
 
Key word in the law is it is illegal to POSSESS ..even if not assembled!


Believe me, even your local cops are schooled in that reg... that is why/how they go after the sawed off shotguns, too. If you have a extra barrel for your shotgun that is shorter than 18", you can go to jail! [I worked with law enforcement for 20+ years....and I would not tempt fate!]


Orv




Viggo G Dereng 02-01-2002 12:23 AM

Re: ebay unusual stock question
 
Art & Tom,

I think that simultaneous possession is the violation.

I have personal knowledge of a case where a man possessed a weapon that was capable of being converted to full auto, by the simple interchange of parts.

The weapon was found on his property, properly in the self loading mode, "BUT" in the "near vicinity" of the violating parts. (in this case "near vicinity" was on the same property in a separate and covered walk connected building).

The charge of "full auto weapons" was used to confine him until other investigations were completed. (over one year)

He was then convicted of this and other charges including possession of weapon silencers and murder. He is now serving life without parole.

And He seemed to be an OK guy weird but OK, Much like some of us, He loved GUNS.

So I'll Not Take Any Chances with the feds.

ViggoG




BILL 02-01-2002 02:25 AM

Re: stock question
 
No doubt, it would be nice to have that unusual stock but as is stated it is too darn risky. You could easily lose any guns you have, never be allowed to own any, and your freedom. Worth it?




John Sabato 02-01-2002 09:58 AM

Tom please check your email... (EOM)
 

Art Buchanan 02-01-2002 12:20 PM

Re: ebay unusual stock question
 
Back to the question of possession of An Artillery stock and Artillery while also in possession of other Lugers. If this were a problem--surely the feds would be raiding Ralph, Bob Simpson, Fred Fiet and all the other collectors and dealers who openly display these combinations of Lugers. Has anyone directly posed this queston to the ATF??




John Sabato 02-01-2002 01:53 PM

You are a mind reader Art.
 
I was pondering the same question when you post appeared. Just how would we, as a group (of Luger owners or collectors) pose this question to ATF in such a way as to not bring down the hammer of injustice that they are famous for? While at the same time ensuring that we get some substantial guidance that we can hang a legal hat on?


-John




Orv Reichert 02-02-2002 12:44 AM

BATF EXEMPTED LUGERS WITH STOCKS
 
you need to have and read the ATF Curio and Relics list which also lists the pistols/rifles exempted by specific types and/or numbers...the following is from pages 34-35


These are

"WEAPONS REMOVED FROM THE NFA

as collector's items and classified as curios or relics under the GCA"


Orv Reichert




http://boards.rennlist.com/upload/BATF.jpg

Orv Reichert 02-02-2002 01:28 AM

How to Order from BATF.
 
The FIREARMS CURIOS OR RELICS LIST is a 52 page booklet and can be ordered from the U S Gov Printing office or the BATF


Ask for..........ATF P 5300.11(3-2001)







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