State & Federal firearms regulations are far from simple. What is legal here is illegal there. Purchase something as innocent as a magazine in one state requires not even a drivers license, yet in another state possession of the same item is a felony.
Pretty much everyone knows that a "sawed off shotgun" is illegal, right? Well, it's not- if you have a tax stamp for a Short Barreled Shotgun. But what length makes it a "sawed off"? Ask your non gun loving buddies (if you have any) and don't be surprised at the answers.
I understand why some would just mind their own business. That's their choice.
I was raised a little different I guess. If I see that someone, through ignorance of the law, is about to violate a firearms law, I'll let them know because it's the right thing to do. I would appreciate it if it were me in similiar circumstances.
One of the more common NFA violations I see on GunBroker is with the Browning Hi Power and a wood stock/holster (either repro or original). I love me my HP's
, so I have a habit of running a search almost every night for the Hi Power. Quite often, I see someone offering a 1960's or '70's vintage FN Hi Power or 1940's fixed sight Inglis for sale that shows the Inglis style stock/holster attached. Both would be NFA violations. (Unless you have a SBR tax stamp).
To understand just how illogical and somewhat arbitrary NFA rules are takes a bit of background:
Just before the Germans overran Belgium and the Fabrique Nationale factory, the Allies moved several FN engineers to Canada to continue production of the Hi Power at the John Inglis Co. The Inglis Hi Power was produced not only for issue to the Canadians, but also the Chinese, British and Australians.
The contract for the Chinese was a Hi Power with a tangent style rear sight and a slot cut in the backstrap for the attachment of a wooden stock that doubled as a holster. This is called an Inglis MK1. This would enable it's use as a pistol or carbine. Most of these "Chinese contract" HP's never made it to China BTW. Inglis also made HP's with a fixed rear sight (the MK2) and a very few of these had the grip frame cut with a stock slot. Both versions were issued to the Allies and many were subsequently sold as military surplus for quite some time after the war.
What does this have to do with a violation of the National Firearms Act of 1934?
The NFA prohibited a rifle with a barrel of less than 16" without the possession of a tax stamp. ATF has determined that a handgun is just that, a gun intended to be fired with one hand. Therefore in the eyes of the ATF, attachment of a stock to a handgun makes it not a handgun and brings it under the NFA. It doesn't make it illegal, as long as you pay the tax for an SBR.
The ATF however, has determined that CERTAIN handguns with a wooden stock/holster are exempt from the NFA: (Luger, Mausers, Berettas, and Browning HP's among them)
http://www.atf.gov/firearms/curios/1972-2007/section3.pdf
The Bureau has determined that by reason of the date of their manufacture, value, design and other characteristics, the following firearms are primarily collector's items and are not likely to be used as weapons and, therefore, are excluded from the provisions of the National Firearms Act.
Further, the Bureau has determined that such firearms are also curios or relics as defined in 27 CFR 478.11. Thus, licensed collectors may acquire, hold, or dispose to them as curios or relics subject to the provisions of 18 U.S.C. Chapter 44 and 27 CFR Part 478. They are still "firearms" as defined in 18 U.S.C. Chapter 44.
I've edited those firearms that are not Hi Powers
Belgian, Pre-war mfd. Hi Power pistols, in cal. 9mm having tangent sights graduated to 500
meters, slotted for shoulder stock, having S/Ns of less than 47,000 without letter prefixes
or suffixes and accompanied by original Belgian mfd. detachable wooden flat board type
shoulder stocks.
Browning Hi power pistols, 9mm having tangent sights graduated to 500 meters, slotted for shoulder
stock, having S/Ns less than T200,000 etched vertically on the right side of slide, barrel, or
frame and bearing crest of Emirates of Muscat & Oman, or mirror image of such crest,
accompanied by original detachable wooden flat board shoulder stocks.
Canadian, Inglis No. 1, Chinese Contract, Hi Power pistols, cal. 9mm parabellum, having a
tangent rear sight adjustable from 50 to 500 meters, slotted for shoulder stock, and having
the letters C in the S/N and accompanied by original Canadian mfd. detachable wooden
holster/shoulder stock.
In the last couple of months I've seen these NFA violations:
Inglis #2 Hi Power with an Inglis stock. (only the tangent sight version is exempt from the NFA)
Browning 1994 Hi Power with an Inglis stock. (not legal without a tax stamp)
I sent both sellers an email advising them of the possibility of being in violation. One thanked me, one didn't respond. Both pulled their auctions.
I'm convinced I did the right thing.
.