Pennsylvania Firearm Owners Association
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  1. #11
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    Default Re: Question about NFA

    Quote Originally Posted by bug View Post
    This pretty much sums it up. Add DD, destructive devices and you have it. Keep in mind that a law change removing let's say silencers and machineguns from the NFA would make them illegal in PA and 16 other states. They are actually illegal now but can be possessed due to an exception in our prohibited offensive weapons law.

    Bob D
    Are you sure about that? I'm curious as to how this would (theoretically) work if the NFA was repealed. The PA statute says that to fall under the relevant exception, the possessor must comply with the National Firearms Act (ignoring the others). I realize this is a theoretical exercise, but if the NFA were repealed or reformed to remove categories, wouldn't that result in de facto compliance by the possessor since in this theoretical case, nothing in the NFA would prohibit their possession?

    § 908. Prohibited offensive weapons.

    (a) Offense defined.--A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.

    (b) Exceptions.--

    (1) It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. § 5801 et seq.), or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any intent or likelihood that the weapon would be used unlawfully.
    I am not a lawyer.

  2. #12
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    (Delaware County)
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    Default Re: Question about NFA

    Quote Originally Posted by buckengr View Post
    Are you sure about that? I'm curious as to how this would (theoretically) work if the NFA was repealed. The PA statute says that to fall under the relevant exception, the possessor must comply with the National Firearms Act (ignoring the others). I realize this is a theoretical exercise, but if the NFA were repealed or reformed to remove categories, wouldn't that result in de facto compliance by the possessor since in this theoretical case, nothing in the NFA would prohibit their possession?
    ... and nothing in the NFA would permit their possession. As I see it, without the NFA exception the PA law applies. It would be interesting for sure.

    Bob D

  3. #13
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    (Philadelphia County)
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    Default Re: Question about NFA

    Quote Originally Posted by bug View Post
    ... and nothing in the NFA would permit their possession. As I see it, without the NFA exception the PA law applies. It would be interesting for sure.

    Bob D
    PA is not the only state with this predicament. Afew other states I recall have similar wording of their laws. I do remember when the HPA was gaining steam, one or two states drafted bills to deal w suppressors if they became non NFA items as to avoid owners of said NFA items prior to become instant criminals if HPA passed. PA was not one of those states that took such action however.

  4. #14
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    Apr 2019
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    New Castle, Pennsylvania
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    Default Re: Question about NFA

    May be off topic, but I have been thinking a lot about NFA items.

    I buy too many guns, but have yet to go the NFA route. I ALMOST did last week. Then after a little research, I decided I didn't want Daddy Government overseeing me anymore than they already do.

    For me to move, I have to ask to transfer my firearm?
    For it to go out of state, also have to ask?
    Are those the only nutty stipulations?

    What about, since they're registered, and if for some reason, they were no longer legal, does Daddy ATF come knocking asking for me to hand em' over?
    I thought about form 1'ing and playing that game while I wait on a 4 for a silencer, but I do not know, if I want to dance with the devil just yet.

    Anyone have any info/websites that speak in English about this? I read the sticky here, about how to (As much as I could).

  5. #15
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    Sep 2011
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    Default Re: Question about NFA

    Quote Originally Posted by JG93 View Post
    May be off topic, but I have been thinking a lot about NFA items.

    I buy too many guns, but have yet to go the NFA route. I ALMOST did last week. Then after a little research, I decided I didn't want Daddy Government overseeing me anymore than they already do.

    For me to move, I have to ask to transfer my firearm?
    For it to go out of state, also have to ask?
    Are those the only nutty stipulations?

    What about, since they're registered, and if for some reason, they were no longer legal, does Daddy ATF come knocking asking for me to hand em' over?
    I thought about form 1'ing and playing that game while I wait on a 4 for a silencer, but I do not know, if I want to dance with the devil just yet.

    Anyone have any info/websites that speak in English about this? I read the sticky here, about how to (As much as I could).
    If moving in state you dont need to "ask permission" out of state you must inform them. If traveling out of state you need a form 56somthing but it can be good for up to a year , I dont believe you need to inform if traveling with a silencer only firearms. They already know you own guns and are on a list by being on a gun forum so imo it doesn't matter if you get a naf item . It took me years until I was comfortable getting one but now a have a few and nobody has kicked my door down and shot my dog.

  6. #16
    Join Date
    Feb 2012
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Question about NFA

    Quote Originally Posted by JG93 View Post
    May be off topic, but I have been thinking a lot about NFA items.

    I buy too many guns, but have yet to go the NFA route. I ALMOST did last week. Then after a little research, I decided I didn't want Daddy Government overseeing me anymore than they already do.

    For me to move, I have to ask to transfer my firearm?
    For it to go out of state, also have to ask?
    Are those the only nutty stipulations?

    What about, since they're registered, and if for some reason, they were no longer legal, does Daddy ATF come knocking asking for me to hand em' over?
    I thought about form 1'ing and playing that game while I wait on a 4 for a silencer, but I do not know, if I want to dance with the devil just yet.

    Anyone have any info/websites that speak in English about this? I read the sticky here, about how to (As much as I could).
    For Machineguns, SBRs, SBSs and DDs, you must file a form 5320.20 to inform the atf of the transport of those NFA items out to another state. You simply email or fax the form. Silencers and AOWs do not need this requirement.

    As for hypothetical confiscation of NFA firearms I won’t get into. We have no bill to base it on. I own several NFA things and am not worried.

  7. #17
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    Dec 2008
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    Default Re: Question about NFA

    Quote Originally Posted by ExFlyinguy View Post
    Just my opinion without doing a lot of research to back anything up.

    NFA was a legislative act of Congress signed into law in ~1934 which defined the items which were to be controlled by it- Machine guns, silencers, SBR/SBS, AOW are the only categories that I can think of.


    The ATF's only responsibility here is to determine if items fall into one of those categories. They can not add to or remove any of those categories
    My understanding too.

    If things could be added by a bureaucrat at will, trust me, they would have be now, so in a sense we benefit from codified law. (Even though I know NFA34 is Unconstitutional)

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