Aimpoint Scopes

The original of the paperwork, particularly any that have tax stamps on them (Form 1 or 4) should be kept in a safe place. ATF can demand to see the form (see below on your 4th amendment rights). On a tax paid transfer, ATF puts a tax stamp, like a postage stamp (or like the one that caused the American colonists to take up arms), on the document. You paid $200 (or $5) for it, and it is worth that. It is unwise to lose the original form. They should be kept in a safe deposit box. Tax exempt forms (Form 2, 3, 5, 6, 10) have no tax stamp, and a copy of the form from ATF, should the original be lost, will be fine. ATF can give you a new tax stamp should you lose one, but expect a hard time, and they have discretion in doing it. It is not unheard of for ATF to have no record in their computer of a weapon registered to you. The paperwork can avoid a lot of hassles. Additionally, if the gun in question is a machine gun, not having the paperwork can lead to being charged with a violation of 18 USC sec. 922(o). A federal circuit court of appeals has ruled (U.S. v. Just, 74 F.3d 902 (8th Cir. 1996)) that sec. 922(o) prohibits possessing all machine guns, and it is an affirmative defense to such a charge that the weapon was legally possessed before it took effect. It is up to the defendant to prove such a defense, but usually by a lower evidentiary standard than the government needs to prove to show a criminal violation (usually preponderance of the evidence versus beyond a reasonable doubt). It is not up to the government to prove the weapon was not registered, for a charge under sec. 922(o). If you don’t have the paperwork, and it isn’t in ATF’s computer, (it is likely they will check, even though they don’t have to prove non- registration, they don’t want someone to wave a registration form in their face during a trial) you can have a serious problem.

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Ar-15 & AK-47 Gun Accessories
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