found old gun not sure what it is

[bdb]

me and my son found this it is a foot long looks to be 22 size cal it looks to say J. Stevens Arms & Tool Co Chicopee Falls, MA 14 1/2 ok thank all of you .i have took it apart.i would have liked to keep as it did not work but it is what it is.thanks to all.

 

[DigginThePast]

mts - Being in possession of a NFA firearm (which the O.P.'s gun is) without proper documentation can result in a fine of up to $250,000, imprisoned up to 10 years or both. I think this is why several posters got a little “worked up”. I'm sure that bdb has already taken care of this issue.

Diggin, do you agree that removing the barrel and throwing it away would make this gun legal? I really don't know the answer so I'm looking for guidance. I would think that a gun without a barrel really isn't even a gun anymore and could be kept legally. But hey, what do I know.

I would remove both the barrel and butt stock as they have both been cut down. The barrel is clearly illegal, now with the butt sock if the overall length of the gun would be 26" plus then it would be legal under Federal law. The portion of a gun that is regulated is the receiver. The barrel has nothing to do with it being a "gun". So a completely stripped receiver is a gun under Federal law even though it is simply a piece of machined steel.

 

[mts]

mts - Being in possession of a NFA firearm (which the O.P.'s gun is) without proper documentation can result in a fine of up to $250,000, imprisoned up to 10 years or both. I think this is why several posters got a little “worked up”. I'm sure that bdb has already taken care of this issue.

Diggin, do you agree that removing the barrel and throwing it away would make this gun legal? I really don't know the answer so I'm looking for guidance. I would think that a gun without a barrel really isn't even a gun anymore and could be kept legally. But hey, what do I know.

I would remove both the barrel and butt stock as they have both been cut down. The barrel is clearly illegal, now with the butt sock if the overall length of the gun would be 26" plus then it would be legal under Federal law. The portion of a gun that is regulated is the receiver. The barrel has nothing to do with it being a "gun". So a completely stripped receiver is a gun under Federal law even though it is simply a piece of machined steel.

Thanks!

 

[Bigcypresshunter]

Heres the link on antique guns. http://usgovinfo.about.com/bloldguns.htm

A link on pin and weld. http://www.snowflakesinhell.com/2009/07/28/pin-weld-no-longer-viable/

 

[DigginThePast]

bcp - I checked out your link. Yes, Wyoming does not have laws that further prohibit firearms including items regulated by the NFA. But, they must still be in compliance with Federal law. The National Firearms Act of 1934 is a Federal law that all states must be in compliance with. So the rifle in question would be regulated in Wyoming and all other states.

 

[Bigcypresshunter]

If hes really worried about it, remove the barrel and stock, keep the rest. That has got to make it legal.

Myself, I would have preferred to weld it shut.

 

[Bigcypresshunter]

All you can do, TiredIron, is post your opinion, state your experience, post supporting links and hopefully the readers will sort it out... We seem to eventually get to the truth here at TN.

 

[Monty]

I really resent the insinuation by Tirediron that we here on Tnet are lieing to him. What would anyone stand to gain by making up lies to post? Nothing of course. All I see is a group of sincere individuals trying to help him out and keep him out of trouble. I can't understand anyone with that attitude, so pull your posts and good luck to you. And to clear things up, States cannot pass laws that are less restrictive than federal laws, but they can pass laws that are more restrictive. Of course all law is subject to review thy the U.S. Supreme court. Right now federal law supercedes state law and the darn gun is illegal as is. Monty

 

[DigginThePast]

The Silent Black Helicopters are on their way.......

Ten seconds with a welder would render this rusty relic a non-issue..... and you'd be able to hang above the fireplace and enjoy its original charisma.

No black helicopters, just trying to put relevent and accurate information out there. You never know who is going to read this thread and it is a serious subject.

The welder should work but when working with the BATF (the gun) and IRS (associated tax stamp) I always suggest to err on the side of caution. The regulations are somewhat vague, therefore open to interpretation by the various government agencies which can be unsettling to some.

 

[blurr]

Monty is right, it would be classified as an illegal gun. And in every state, including Wyoming Bigcy. It really isn't worth arguing over. If there is some doubt left, saw off the barrel of your shotgun to say 12 inches. Bring it in to your police station, and see what they have to say

John

 

[TiredIron]

"unbelievable" but not surprising...

Sigh......I haven't seen the word "Lie" used once. Posting inaccurate information is my only complaint. Rev Joel's post of minimum barrel length by law being 16.5 inches is completely wrong.
Monty...I'm sorry you take offense to non-existent accusations. You probably didn't read the 1/2 dozen previous post I pulled...all referenced to the BATFE's own website. Once again emotions seem to trump facts.
I wish the original poster congrats on his interesting find and I hope he finds information he's comfortable with.
Good Day Gentlemen.

 

[Bigcypresshunter]

Monty is right, it would be classified as an illegal gun. And in every state, including Wyoming Bigcy. It really isn't worth arguing over. If there is some doubt left, saw off the barrel of your shotgun to say 12 inches. Bring it in to your police station, and see what they have to say

John

I already posted my story about the sawed off shotgun in my back seat and what the police did andI dont even live in Wyoming. I still say I would find a way to keep it and I dont think we need to go running off to the police, like some members suggested, every time a gun is found. I wouldnt be surprised if some overzealous or uninformed member turns him in.

 

[blurr]

Monty is right, it would be classified as an illegal gun. And in every state, including Wyoming Bigcy. It really isn't worth arguing over. If there is some doubt left, saw off the barrel of your shotgun to say 12 inches. Bring it in to your police station, and see what they have to say

John

I already posted my story about the shotgun in my back seat and what the police did. I still say I would find a way to keep it and I dont think we need to go running off to the police, like some members suggested, every time a gun is found. I wouldnt be surprised if some overzealous or uninformed member turns him in.

I don't disagree. Not much chance that this gun will be used in a hold up anytime soon. The law however, is the law.

John

 

[DigginThePast]

"unbelievable"

Sigh......I haven't seen the word "Lie" used once. Posting inaccurate information is my only complaint. Rev Joel's post of minimum barrel length by law being 16.5 inches is completely wrong.
Monty...I'm sorry you take offense to non-existent accusations. You probably didn't read the 1/2 dozen previous post I pulled...all referenced to the BATFE's own website. Once again emotions seem to trump facts.
I wish the original poster congrats on his interesting find and I hope he finds information he's comfortable with.
Good Day Gentlemen.

TiredIron - Hopefully you are still reading replies here and no I did not see your pulled posts.

I do have a question relevent to the O.P.'s situation and their SBR. If one were to find this firearm and have it welded, what are the procedures to do this legally? My understanding is that it needs to be done under the supervision of an ATF agent, is that correct or only apply to DEWATs or ??

Also, in your experience, what questions/actions would an individual have to endure in order to explain where the gun came from etc?

 

[Bigcypresshunter]

Monty is right, it would be classified as an illegal gun. And in every state, including Wyoming Bigcy.John

Its probably true but I would like to see a link that states that this particular Federal Law overrides the State of Wyoming law. Im not saying you are wrong but its easy to post opinions a little more work to post supporting evidence. I would just like to read the law to be sure.

 

[blurr]

Monty is right, it would be classified as an illegal gun. And in every state, including Wyoming Bigcy.John

Its probably true but I would like to see a link that states that this particular Federal Law overrides the State of Wyoming law. Im not saying you are wrong but its easy to post opinions a little more work to post supporting evidence. I would just like to read the law to be sure.

Bigcy,

More work is not needed. I know you think these are opinions, but if you do a little digging you will discover that federal law trumps state laws in this instance. If Wyoming decided to legalize cocaine, what would the feds do? If Wyoming decided that it should be legal to own antiaircraft missiles, what would the feds do? I know I am using exaggerated examples, but it makes the point. The place where state laws trump federal law are instances where the states want to be more strict than the feds. For instance if Wyoming said that you musn't drive if your bac is over .05% The federal limit is .08%, in this case state law would override federal law.

John

 

[DigginThePast]

Monty is right, it would be classified as an illegal gun. And in every state, including Wyoming Bigcy.John

Its probably true but I would like to see a link that states that this particular Federal Law overrides the State of Wyoming law. Im not saying you are wrong but its easy to post opinions a little more work to post supporting evidence. I would just like to read the law to be sure.

State law can not supercede Federal law. It falls under the "Supremacy Clause", U.S. Constitution article VI, Paragraph 2. In respect to this thread, without the NFA the States could have as tight or as loose of laws as they wish. But with the enactment of the NFA all States must be at least that restrictive. With that said, is the NFA Constitutional?

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

http://www.constitution.org/constit_.htm

 

[Bigcypresshunter]

Bigcy,

More work is not needed. I know you think these are opinions, but if you do a little digging you will discover that federal law trumps state laws in this instance. If Wyoming decided to legalize cocaine, what would the feds do? If Wyoming decided that it should be legal to own antiaircraft missiles, what would the feds do? I know I am using exaggerated examples, but it makes the point. The place where state laws trump federal law are instances where the states want to be more strict than the feds. For instance if Wyoming said that you musn't drive if your bac is over .05% The federal limit is .08%, in this case state law would override federal law.

John

Is Marijuana not legal in some states?

 

[Bigcypresshunter]

I'll go check it out. It'll be very interesting if Wyoming law supercedes Federal law.

You said it yourself Digg. Dont make it look as if Im a fool for asking.

 

[DigginThePast]

I'll go check it out. It'll be very interesting if Wyoming law supercedes Federal law.

You said it yourself Digg. Dont make it look as if Im a fool for asking.

What did I say?

 

[Bigcypresshunter]

I'll go check it out. It'll be very interesting if Wyoming law supercedes Federal law.

You said it yourself Digg. Dont make it look as if Im a fool for asking.

What did I say?

Sorry. I didnt mean you in particular. I was more referring to the cocaine and antiaircraft missile post. Thanks for the link.