We have been getting comments defending Scott-Dani Pappalardo when he made an illegal Short Barrel Rifle because of feeling. The gist of the complains is that what should count is the intention he had and not what he did, Mens Rea and all that.
First, good news: It is the consensus among the Gun Right side that he will skate on the charges. ATF will rather set fire to their headquarters building that catch another round of bad press. Hell, they allowed a Gun Smuggler loaded with over a 150 counts of trafficking guns to New York City get only six month, so nailing a white guy from Liberal Suburbia speaking for Gun Control will not be touched even if he was pumping the neighbor’s four-year old daughter.
WARNING: I am not a lawyer nor I am an expert on the National Firearms Act so what you read below this are just my thought and poor knowledge. I am pretty sure I am not far off base, but my readers with FFLs and experience will correct me as they always do.
Now, to Stupid Federal Laws. Make no mistake. What Scott-Dani Pappalardo did was breaking part of Title 26 of the US code and ATF regulations. You can look them up. Now, that you know cutting the barrel under 16 inches (under 18 for shotguns, why? Nobody knows) is against the law, you should be asking yourself how does one legally destroy a firearm and the first thing you need to know is what constitutes a firearm, are you ready for this? You know that gun has different parts, right. The part with the serial number is the gun and that is usually the receiver. Here is a picture to illustrate the point.
The yellow circles indicate the recover of Pappalardo’s AR. On the top right photo, you can clearly see the barrel cut and the receiver intact: National Firearms Act laws have been broken. Apparently he either read the comments in YouTube or somebody told him he had screwed up by the numbers that he shared with the world the picture on the bottom with the proper receiver cut.
And here is a picture of an AR showing the serial number in the receiver so you can get an idea what have we been talking about:
OK, the next part is gonna be more gun laws fun: This is NOT a firearm.
And this ain’t either:
Did you notice that in both examples the barrels are intact? Still, not a firearm because those rifles had their receivers either torched or cut in a manner that could not be repaired. According to the law and ATF regulations, you are looking at AK-47 parts kit. And it is 100 percent legal.
Here is a better look at what is the normal AK receiver compared to the cut one:
BTW, those kit parts are legal to sell without a background check… because they are not firearms! You were used to get the kit for around $100-$120, but they have gone up a lot. All original matching parts are running past the $600 mark in Gunbroker.com.
I imagine your head is spinning a bit by now. And that is only two laws of the approximately 20,000 gun laws in our country, most of them as stupid as this one.
So, dear Liberal friends, when you come screaming at us demanding one more gun law, we react strongly against it because we are plum tired of stupid laws that obviously have either not been working or the government cannot possibly enforce on the bad guys.
If you have a leak in your house, you call a plumber.
If your car is not running right, you take it to a mechanic.
If you are hungry and don’t cook, you go to a restaurant.
If you feel sick, you go to a doctor.
But somehow if you want to know about guns and gun laws, we Gun People don’t know shit and are to be ignored even though we live in that world every single day.
Does that make sense to you?
McThag left a good comment on the bad post, my fault. I am placing it here:
Rifles are were originally 18″ as well, but Congress changed it to 16″ for rimfires because there were already lots and lots of them out there. Too many to expect the public to just accept the new law. Centerfire was amended in the early sixties purportedly to allow the M1 carbine to be legal.
Saw cutting the receiver in one place doesn’t make it a non-gun.
It must be TORCH cut in three places. So he’s still got an SBR on his hands.
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