ATF Diversified Machine Letter

testlight

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Aug 15, 2010
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Central Oregon
Apparently the left hand doesn't know it the right hand is doing it the ATF cuz I just got a letter that I'm in felony possession of parts that are registered to me and tax stamped at the ATF.
 

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I'll play devils advocate for a sec. The letter says "May" be in possession. And I'd argue if you did a form 1, the ATF wouldn't know that it was for that "order" from that company and in that case it's legal and doesn't apply to you (not in illegal possession).

It likely went to every customer who purchased and I'm sure there are a few who didn't get a form 1. ATF wouldn't know that.
 
I'll play devils advocate for a sec. The letter says "May" be in possession. And I'd argue if you did a form 1, the ATF wouldn't know that it was for that "order" from that company and in that case it's legal and doesn't apply to you (not in illegal possession).

It likely went to every customer who purchased and I'm sure there are a few who didn't get a form 1. ATF wouldn't know that.
I agree, the ATF firebombed the entire customer records list they obtained with a scare letter. Field Office SAC is running his investigation and isn't going to waste time trying to reconcile the customer list to the registry because there are too many variables. Too many orders for spare parts, too many orders for multiple tubes, they don't want to mess with that. They want you to prove up you have one stamped Form 1 per suppressor. Read 18 USC 1001, that's why they're asking you to represent the info to them - charge stacking.

The "special occupational taxpayer" SOT language reads like they're assuming the worst-case scenario of you purchased what they define as complete silencers without an FFL 01/02, Class 3 SOT and Form 3 transfer, or that you purchased silencer parts and then manufactured silencers without an FFL 07/10, Class 2 SOT, and filing a Form 2. At that point they'd probably say you'd have to abandon the Form 1 and turn the can in or spend lots more money defending a few hundred bucks and a tax stamp.

Hopefully you can provide the Form 1 to show registration concurrent with manufacture/possession and intent to comply, then make a good faith argument that you were unaware of the recategorization of the parts until the letter arrived.

Found this re: this exact letter:
 
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Apparently the left hand doesn't know it the right hand is doing it the ATF cuz I just got a letter that I'm in felony possession of parts that are registered to me and tax stamped at the ATF.
This type of Horse#@%$ really ticks me off. So tired of big brother having is fingers in everything. Rant over. Sorry
 
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