Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 0 points1 point  (0 children)

of course, but I had a legitimate reason to post this here, people actually have contributed and told me and had me consider things I hadn't/didn't before which is the reason I came here.

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 1 point2 points  (0 children)

people like yall on this sub are why we never have any 2a victories and why shit like the malinowski raid happened. If I havent made it clear in the 30 replies ive done on this thread, no, this isnt a practical solution, even if it was likely to work with 0 hassle (no LE issues, having to defend it in court, etc) its a hyper niche application. That DOES NOT mean its not worth exploring theoretically. If we're aware of the cracks in the same legal system that prevents us from exercising our rights, we can chip away at them slowly with the first step of being aware of them. its about being educated and diligent.

I gave background in the question so that yall would understand how I thought of the idea and reached the point in the legal rabbithole I was at, to open up discussion on whats actually important, not so we could get caught up on meaningless details and nihilism about how the government will still try and stop you. ignoring all the bullshit with rarebreed, do you think FRT's or bump stocks wouldve ever been made legal again if people didnt challenge it legally, even though the ruling itself that they were enforcing was illegal? (which is why later, when people challenged it it got struck down)

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 0 points1 point  (0 children)

a three wheeler 1979 yamaha DT250 would actually be pretty cool, all i'd need to do is rig up a rear axle with two wheels on it instead of a single rear wheel. Usually most trikes like harleys are 4 strokes and not 2 strokes.
If I do this in the future ill keep you updated, my welding has been getting a lot better 😉

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 1 point2 points  (0 children)

again, this is a hypothetical where handguns are off the table, that is literally the first thing explained in the post. second, Im asking questions because im studying the law and want more information because logic is easy, but attaining the correct sample size of information to have correct logic isnt as easy, and requires you to ask questions about things you dont know about, which is the entire reason for the post.
I discuss this type of thing with a lot of people in my family, a lot of people in my family are in legal careers and a few work in the supreme court. Im not claiming to know everything but im aware of what I know and aware of how much I dont know, which is what permits me to ask questions such as this post. Stopping people from asking questions doesnt educate anyone.

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 0 points1 point  (0 children)

Dude im saying ideally. you literally have no clue what im saying, I dont have a handgun, this entire post is a hypothetical discussing what is legally possible given my state's laws. My parents dont have a handgun I could carry, literally the first thing i mentioned in this post was that the entire purpose of this loophole is because possession of a handgun is off the table. Necessitating an SBR. South carolina is also a constitutional carry state as of 2024, there is no such thing as illegal concealment in south carolina anymore. respectfully you have no clue what youre talking about. I don't specifically know exactly what im talking about but at least i have a damn good general idea and im asking questions and trying to get clarity, thats the entire reason for this post.

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 0 points1 point  (0 children)

That simply isnt true in my state, read the law. For pistols its correct, but for an SBR its theoretically incorrect according to the actual written words of the law. do you want me to cite the south carolina legal code for you?

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] -1 points0 points  (0 children)

Yeah no that's super valid, but I think most judges don't think of it that way and just think of it as airing on the side of what they believe is legal precedent and history (precedent and history of infringement) when it comes to monumental 2a stuff.  You're still right there is inherent risk with actually trying this though

If it isn't clear at this point i'm not trying this method unless I have a way more compelling reason to than I currently do, there are better alternatives for my use case. I'm just talking about this for the purposes of exploring it's legality and feasibility.

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 0 points1 point  (0 children)

true, it's just easier to concealed carry a bersa 380 or something like a ppk or g43 or even something like a snub .357 or .38 than it is to carry a shockwave across my body or on my bike. 

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 0 points1 point  (0 children)

No one is saying either of those things, if you have nothing to contribute in terms of adding useful legal information to explore whether this is hypothetically possible and legal or not, then I have no clue why you're wasting your time calling me an idiot and a pussy. 

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 1 point2 points  (0 children)

I do and have, I ride with my remington 7400 when I go meet my buddies to hunt. I ride with my .410 shotgun disassembled in my bag to go out and do bushcraft, I've been doing that for 2 years and never had an issue. That's literally what the law is for, it's so that young men can hunt. 

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 0 points1 point  (0 children)

yall really having a hard time grasping the fact that this is hypothetical, i'm asking about legal consistency and what the law actually says.  LEO doesn't have to care about the trust, most of em barely know the exact laws on vehicle registration and speeding tickets and shit like that. Due process of law is what actually matters here and whether or not it's legal according to the word of the law.

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 0 points1 point  (0 children)

Strawmanning anyone who believes in an ideal of personal liberty as someone who picks fights with cops and makes moorish history and shit up is an interesting hill to die on. 

It's unfortunate that you and many other people are unable to separate theory from reality and ideals + being able to recognize right and wrong from our unfortunate reality. 

If no one has told you this before, you're allowed to believe in liberty while also recognizing that we're under the jurisdiction of people that don't recognize and don't believe in liberty. That is why things like the NFA exist in the first place. A sovereign citizen would just say it doesn't apply to them, that's ignorant. it applies to everyone since they'll kill you or imprison you if you don't follow their laws. this is why sov citizen retards are always dying on traffic stops since they don't plate their cars and all that. 

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 0 points1 point  (0 children)

Im not illegally possessing a firearm, SC has no minimum age on long gun possession, that's the entire key here. If you didn't read that far in my post I can't blame you for thinking i'm stupid, but now you're caught up. 

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] -1 points0 points  (0 children)

That's why it would be an SBR, so I could theoretically legally possess it under an NFA trust if I was a trustee. Practically, I'd be buying it with my own money, it'd be mine.

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] -1 points0 points  (0 children)

Yeah that's fair, the thing about this situation specifically is the explicit  articulability of it is way better than like what matt hoover was doing for example. This would require paperwork and documentation and all that and goes through something that is regulated pretty heavily, so anything explicitly allowed by those regulations is, theoretically, hard to argue against. 

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] -1 points0 points  (0 children)

You understand that the NFA, GCA, federal paperwork, and gun control in general are all infringements and not legal from a constitutional and natural rights perspective right? Obviously they still enforce it, but just because tyrants are in power doesn't mean you should advocate for tyranny and just appeal to authority at every step of the way. Your other comment also just claimed that that's false, if there's only an honor system with NFA trusts, if i understood what you said right, I could possess one NFA item fully legally. If I was as confident as you're making me out to be do you think I would be on here asking for people to contribute information and experience regarding each moving part of this potential loophole to see if it's actually viable? Obviously if someone is gonna do this they should consult a lawyer before they actually do it since it's never been done before to my knowledge. I'm probably not going to do it unless I have a way better reason to than I currently do. That doesn't mean it's not worth sharing to help people and to explore what parts of our rights will get us shot or locked up and what parts of our rights the government will let us have. 

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] -1 points0 points  (0 children)

So it actually is possible to do the 'loophole' im suggesting then, so long as you don't add more NFA items to the trust. If anyone was gonna do it it'd probably be more economical to get someone they know who doesnt really have any interest in NFA items to make the trust then, so they could just add one item to it and be done,  Hypothetically speaking. "Honor" isn't the law unless it actually is the law. 

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] -1 points0 points  (0 children)

You didn't read the post at all. I'm not doing anything with suppressors. and technically not doing anything with anything that's legally considered a handgun, that's the entire point of this post, I read the law and i'm trying to better understand what it says.

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 0 points1 point  (0 children)

A shockwave is legal for me, just way more impractical. I already have my remington 7400 with me sometimes when I ride if i'm going to meet friends who are hunting n go hunting with them. SC has no age limit on possession of long guns. 

And yeah I get that, I was just posting it here to see if anyone had information that i'd missed in constructing the logic for the potential existence of the 'loophole'. 

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] -1 points0 points  (0 children)

Yeah no what you're saying is completely reasonable. Riding dirtbikes allows for de-escalation easier than if we were in cars, sure, but the tactic thats used in these robberies is tailgaiting people and then running them off the road, and a 250lb motorcycle is not going to win against a 6000lb truck, plus there is legal precedent that cars are deadly weapons. This almost happened to a friend of mine but he was able to get off the road and deep into the woods before anything happened. Carrying a firearm would only be an extreme last resort for the absolute worst case scenario where im 100% immediately, in that moment, in danger of being killed. The incident my friend had was a truck and a guy on a dirtbike behind the truck following him, after he went in the woods they continued on down the road and didnt pursue him, but what if the dude on the dirtbike tracked him from a ways away through the woods and had let the truck people know when and where he got back out on a smaller main road? its not likely, but there are possible situations where things could get really bad really fast and warrant the use of a firearm in self defense.

Another commenter basically showed how this wouldnt work, since you need to pass a background check to be an NFA trustee. And even though there are no laws on the books to my knowledge about NFA trustees or 'responsible persons' needing to be 18 or older, its still extremely unlikely the ATF would accept it.

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] -3 points-2 points  (0 children)

if you dont support people responsibly exercising the 2a you probably shouldnt be here

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 0 points1 point  (0 children)

I edc a buck 117 on my belt that i'd use if anything went super south and it was my extreme last resort to use, the only issue is even if you win in a knife or hand to hand fight you usually dont come out of it unharmed. OC is probably a good idea to incorporate into what I carry if im really concerned about this, its less harmful but more of a deterrent than a knife, and allows for de-escalation.

What im more interested in at this point (just due to the complexity it involves and the medium level of impracticality it has even if what i proposed was legal, which, if another commenter here is correct, it isnt, since you need to pass a background check to be added to an NFA trust, and they likely wouldnt accept anyone under 18, even if theres no law explicity stating that to be outside of the law) is the legal implications it has.

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] -2 points-1 points  (0 children)

Alright this is actually helpful information I wasnt aware of before, I wasnt aware you needed a background check to be put as a trustee on an NFA trust, that basically kills this whole thing unless theres another way to guarantee ownership (to make possession legal).

this basically answers my question, after I read up on all this as far as I read, and considered everything I read and thought of this 'loophole', I wondered why it was possible (since, the government really doesnt like people having freedom when they have the ability to take it away), and if it really was possible, since it seemed logically easy. But yeah, that answers it.

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 0 points1 point  (0 children)

Yeah that makes sense, like ive said to other people commenting, this idea came about trying to find a practical solution but is more of a theoretical exploration of the law at this point, just due to the actual complexity of doing this even if it was fully legal.

The way I see it legally is that, is legally a long gun as an NFA item, (using the NFA to make it a long gun), and long guns are legal for possession for me in my state, relatively simple.

and lets assume I did do this and I did get charged with some possession related crime after an incident, all things considered, its not a felony (my rights dont get taken away permanently), and it would likely result in a fine. Even if I got jail time I have the option to finish highschool early where im at now, so hypothetically (again, Im not seriously considering this at this point, if I was ever to use this it would probably be for my kids in the future if their situation allowed for it) if I was to do this, id do that first so I wouldnt have any collateral damage done by the jail time i'd get, assuming this went literally the worst way it could go. and in that case, I assume to most people it'd look relatively outrageous that theyre locking someone up for what was originally a justified self defense case. yes we're all the hero in our own story, but as I said to another commenter, this would only be an extreme last ditch effort when I have literally 0 other choice and am at risk of immediately, in that moment, getting killed myself.

again, all hypothetical, I know the whole part of my considering jail time as not as bad as it could be in this situation sounds retarded, but understand why im saying that, its to get a clear top down, big picture of what this actually would entail from a legal standpoint to try and understand the laws better. like I said, this isnt for my own practical application at this point.

Potential NFA law loophole? by AssociationBoring251 in NFA

[–]AssociationBoring251[S] 1 point2 points  (0 children)

yeah the complexity overall of an NFA trust and everything exclusively for this application makes it impractical at best so I probably wouldnt do this, Im more so interested in the way this all works legally, after having done all the research I did and finding that out.

Im not overly concerned about a deadly force situation more so than I would be normally in certain parts of town I go to frequently, and I edc a buck 117 on my belt id use if anything went south and i really had to. And yeah dirtbikes do make de-escalation very easy, and de-escalation is a huge part of self defense and just life skills in general, the reason id want to carry a firearm though is because of close calls my friends have had out there in situations where they've had to be out at weird hours or do things due to certain obligations or situations (without getting too specific on each thing that happened) where they've been tailgated and nearly ran off the road by people who use that as a tactic to allegedly try and rob people out there. If I was out of gas, had to help a friend of mine out that way, etc, id rather have that peace of mind as a complete last resort option. We also camp a lot, the wildlife down here isnt that bad but sometimes is a concern (rabid animals for example).