question # 3 on CCW application r/t NFA firearms

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question # 3 on CCW application r/t NFA firearms

Postby M-Quigley » Sat Oct 17, 2015 12:25 pm

On the CCW application, section near the end r/t CLEO and NFA weapons, it asks

Is your possession of the device or weapon consistent with public safety (see 18 USC 922 b)

I found a previous link that mentions the law part (4) where it say it is illegal:
for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity;

viewtopic.php?f=15&t=26825&p=326921&hilit=weapon+consistent+with+public+safety#p326921

What does that mean for a person applying for a CLEO in Ohio to sign off on a fully transferable item like a pre 86 full auto or a suppressor? You've got some people, including CLEO's that think any NFA weapon or device is inconsistent with public safety in the hands of a civilian, or even some semi auto weapons.
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Re: question # 3 on CCW application r/t NFA firearms

Postby sodbuster95 » Sat Oct 17, 2015 12:36 pm

I'm not sure I understand the issue here unless your query is merely academic. Assuming you meet the criteria outlined in 18 U.S. Code § 922(b), an answer of "Yes" should be apparent. Any other answer would render your application moot.
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Re: question # 3 on CCW application r/t NFA firearms

Postby M-Quigley » Sat Oct 17, 2015 6:20 pm

sodbuster95 wrote:I'm not sure I understand the issue here unless your query is merely academic. Assuming you meet the criteria outlined in 18 U.S. Code § 922(b), an answer of "Yes" should be apparent. Any other answer would render your application moot.


When I looked at 922 (b) (in the link) it seems to only talk about a licensed importer, licensed manufacturer, licensed dealer, or licensed collector. An individual person buying a fully transferable firearm or suppressor doesn't have to be any of those under federal law. Obviously you have to answer yes, but are you answering yes truthfully? What does the question mean in relation to someone who doesn't have a license? And who gets to decide whether the applicants answer is valid or not, the CLEO or the ATF?
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Re: question # 3 on CCW application r/t NFA firearms

Postby sodbuster95 » Sat Oct 17, 2015 6:50 pm

M-Quigley wrote:
sodbuster95 wrote:I'm not sure I understand the issue here unless your query is merely academic. Assuming you meet the criteria outlined in 18 U.S. Code § 922(b), an answer of "Yes" should be apparent. Any other answer would render your application moot.


When I looked at 922 (b) (in the link) it seems to only talk about a licensed importer, licensed manufacturer, licensed dealer, or licensed collector. An individual person buying a fully transferable firearm or suppressor doesn't have to be any of those under federal law. Obviously you have to answer yes, but are you answering yes truthfully? What does the question mean in relation to someone who doesn't have a license? And who gets to decide whether the applicants answer is valid or not, the CLEO or the ATF?


A "licensee," as that term is used in 922(b), is the FFL not the purchaser. It's not saying that you need to be a licensee to purchase an NFA item but, rather, that you must meet the criteria outlined in 922(b) (I.E., over 18 or 21, lawful to possess in the state, not an out-of-state resident, authorized by the AG, and with the necessary information recorded in the FFL's records).
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