Kentucky Neo-Nazis Charged in Gruesome Murder, Dismemberment

[Duckhunter935]

18. Yep they are scum and I would be very surprised if they pass under federal law.

MACHINE GUNS

Kentucky law.
It is lawful to possess, purchase, or sell a machine gun that is legally registered and possessed in compliance with all federal laws and regulations.

Federal law strictly regulates machine guns (firearms that fire many rounds of ammunition, without manual reloading, with a single pull of the trigger).

Among other things, federal law:

1. requires all machine guns, except antique firearms, not in the U.S. government's possession to be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF);

2. bars private individuals from transferring or acquiring machine guns except those lawfully possessed and registered before May 19, 1986;

3. requires anyone transferring or manufacturing machine guns to get prior ATF approval and register the firearms;

4. with very limited exceptions, imposes a $200 excise tax whenever a machine gun is transferred;

5. bars interstate transport of machine guns without ATF approval; and

6. imposes harsh penalties for machine gun violations, including imprisonment of up to 10 years, a fine of up to $250,000, or both for possessing an unregistered machine gun.

The lawful transfer of a machine gun generally requires (1) filing a transfer application with ATF, (2) paying a transfer tax, (3) getting ATF approval, and (4) registering the firearm in the transferee's name. Transferees must pass an extensive criminal background investigation and meet the criteria for possessing firearms under state and federal law. Among those ineligible are felons and people (1) addicted to controlled substances, (2) discharged under dishonorable conditions from the U.S. Armed Forces, or (3) adjudicated mentally defective or committed to a mental institution.


Procedure for Acquiring Machine Guns

An unlicensed individual may acquire machine guns, with ATF approval, from its lawful owner residing in the same state as the individual (27 CFR §§ 479.84 & 479.105). The transferor must file an ATF application, which must be completed by both parties to the transfer

and executed under penalties of perjury, and pay a $200 transfer tax to ATF. The application must include detailed information on the firearm and the parties to the transfer (26 USC § 5812 & 27 CFR § 479.84).

The transferee must certify on the application that he or she is not disqualified from possessing firearms on grounds specified in law. He or she must submit with the application (1) two photographs taken within the past year; (2) fingerprints; and (3) a copy of any state or local permit or license required to buy, possess, or acquire machine guns (27 CFR § 479.85).

An appropriate law enforcement official must also certify whether he or she has any information indicating that the firearm will be used for other than lawful purposes or that possession would violate state or federal law (27 CFR § 479.85).

Approvals and Denials. Anyone acquiring a machine gun must, as part of the registration process, pass an extensive Federal Bureau of Investigation criminal background investigation. If ATF denies an application, it must refund the tax. Gun owners must keep approved applications as evidence of registration of the firearms and make them available for inspection by ATF officers.

Eligibility Criteria for Acquiring Machine Guns

ATF cannot approve an application if the transfer, receipt, or possession of the firearm would place the transferee in violation of law. . . (27 CFR § 479.65).

Federal Law. It is a violation of the NFA for any of the following to acquire or posses firearms, including machine guns:

1. anyone under indictment for or convicted of a felony,

2. fugitives from justice,

3. illegal aliens,

4. anyone unlawfully using or addicted to controlled substances,

5. anyone subject to a domestic violence restraining order (issued in accordance with specified terms),

6. veterans discharged under dishonorable conditions,

7. anyone who has been adjudicated mentally defective or committed to a mental institution,

8. people who have renounced their U.S. citizenship, or

9. anyone who has been convicted of misdemeanor crime of domestic violence (18 USC § 922g).

An applicant wanting to register a machine gun must certify, under penalty of perjury, on the required ATF form that he or she is not disqualified from acquiring or possessing firearms on any of these grounds.