DeSchaine
Regular Member
How come this woman hasn't been arrested yet?
https://www.facebook.com/KarenMallardForVA/videos/1007910832680117/
https://www.facebook.com/KarenMallardForVA/videos/1007910832680117/
For what?How come this woman hasn't been arrested yet?
https://www.facebook.com/KarenMallardForVA/videos/1007910832680117/
How come this woman hasn't been arrested yet?
https://www.facebook.com/KarenMallardForVA/videos/1007910832680117/
Ask Randy Weaver.I was wondering about that.
Is it necessary that she intended to make a short barreled rifle (i.e. had mens rea) for this to be prosecuted?
If you accidentally cut a shotgun barrel down to 16" instead of 18" will the ATF have to prove beyond a reasonable doubt that you knew it was verboten to cut a shotgun barrel to less than 18" without obtaining a tax stamp first?
I was wondering about that.
Is it necessary that she intended to make a short barreled rifle (i.e. had mens rea) for this to be prosecuted?
If you accidentally cut a shotgun barrel down to 16" instead of 18" will the ATF have to prove beyond a reasonable doubt that you knew it was verboten to cut a shotgun barrel to less than 18" without obtaining a tax stamp first?
.... (edited for formatting only)
§ 18.2-303.1. What article does not prohibit.Nothing contained in this article shall prohibit or interfere with the possession of a "sawed-off" shotgun or "sawed-off" rifle for scientific purposes, the possession of a "sawed-off" shotgun or "sawed-off" rifle possessed in compliance with federal law or the possession of a "sawed-off" shotgun or "sawed-off" rifle not usable as a firing weapon AND possessed as a curiosity, ornament, OR keepsake.
As I understand it, a "sawed-off" rifle can only be such if it is operable. As she rendered the rifle inoperative prior to "sawing it off", it was never operable when it became a "sawed off" rifle. She admitted she didn't want it in her home, so obviously it wasn't a keepsake, but that doesn't eliminate having it as a curiosity or ornament. And there's no provision requiring that it be kept for any minimum time.Under Virginia Law, she may not be committing a criminal act, as she claimed that the rifle had been rendered inoperative prior to cutting it.
The feds are investigating, though.
§ 18.2-303.1. What article does not prohibit.
Nothing contained in this article shall prohibit or interfere with the possession of a "sawed-off" shotgun or "sawed-off" rifle for scientific purposes, the possession of a "sawed-off" shotgun or "sawed-off" rifle possessed in compliance with federal law or the possession of a "sawed-off" shotgun or "sawed-off" rifle not usable as a firing weapon and possessed as a curiosity, ornament, or keepsake.
Pardon, but is there even a shred of proof that it was somehow 'rendered inoperable' prior to having the barrel cut? And if it was indeed 'rendered inoperable' why not film that instead of filming the useless cutting of a barrel?As I understand it, a "sawed-off" rifle can only be such if it is operable. As she rendered the rifle inoperative prior to "sawing it off", it was never operable when it became a "sawed off" rifle. She admitted she didn't want it in her home, so obviously it wasn't a keepsake, but that doesn't eliminate having it as a curiosity or ornament. And there's no provision requiring that it be kept for any minimum time.
Was "the rifle possessed in compliance with federal law"? Remains to be seen.
Pardon, but is there even a shred of proof that it was somehow 'rendered inoperable' prior to having the barrel cut? And if it was indeed 'rendered inoperable' why not film that instead of filming the useless cutting of a barrel?
As for it being in compliance with federal law, I'm absolutely certain she applied for and received her tax stamp from the ATF.
I have heard somewhere that a raw apple or potato works to suppress the sound and that a pillow is useful. 2 liter soda bottle and Gorilla tape?--snipped--
IIRC correctly it is even illegal to own a oil filter adapter without a tax stamp.
I have heard somewhere that a raw apple or potato works to suppress the sound and that a pillow is useful. 2 liter soda bottle and Gorilla tape?
Is a tax stamp need to own these?...
https://tinyurl.com/yc6pzpt4
no you can not own a suppressor without a stamp even if it is not on a gun, or has been disassembled. You have to have one to disassemble, and it is a crime to own it before it is unusable without a stamp. IIRC correctly it is even illegal to own a oil filter adapter without a tax stamp.
As I understand it, a "sawed-off" rifle can only be such if it is operable. As she rendered the rifle inoperative prior to "sawing it off", it was never operable when it became a "sawed off" rifle. She admitted she didn't want it in her home, so obviously it wasn't a keepsake, but that doesn't eliminate having it as a curiosity or ornament. And there's no provision requiring that it be kept for any minimum time.
Was "the rifle possessed in compliance with federal law"? Remains to be seen.
I revise my statement to read: "If, as she claimed in the video, that she rendered the rifle inoperative prior to "sawing it off", it was never operable when it became a "sawed off" rifle.Pardon, but is there even a shred of proof that it was somehow 'rendered inoperable' prior to having the barrel cut? And if it was indeed 'rendered inoperable' why not film that instead of filming the useless cutting of a barrel?
As for it being in compliance with federal law, I'm absolutely certain she applied for and received her tax stamp from the ATF.
I revise my statement to read: "If, as she claimed in the video, that she rendered the rifle inoperative prior to "sawing it off", it was never operable when it became a "sawed off" rifle.
Don't know if any proof exists (that's a LE issue), and don't know (or care) why she didn't film the "rendering inoperable" procedure.