Received letter today from BATFE regarding purchase from Diversified Machine

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  • ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,500
    God's Country
    I’ve updated my initial post.

    I’ve decided I’m going to reach out to an attorney and see if crafting simple response letter makes sense. If anyone else who is a member here in good community standing, and has received one of these letters AND had the proper NFA authorization to own these parts, pm me and we’ll chat response strategy in private.
     

    Crazytrain

    Certified Grump
    MDS Supporter
    Jul 8, 2007
    1,641
    Sparks, MD
    Better part of valor might be contacting them and figuring out precisely which parts they're considering to be problematic, and returning those.

    That might equate to an admission of guilt. The way I read the letter implies that talking to the AFT and surrendering the "silencer" would keep you out of trouble. But, it doesn't explicitly say that you will have immunity from any charges. I'd be awfully suspicious and certainly wouldn't contact them on my own without representation. This could be an easy conviction for them.
     

    rsideout

    Senior Member
    MDS Supporter
    Dec 11, 2009
    6,709
    MD - Capital Region
    I’ve updated my initial post.

    I’ve decided I’m going to reach out to an attorney and see if crafting simple response letter makes sense. If anyone else who is a member here in good community standing, and has received one of these letters AND had the proper NFA authorization to own these parts, pm me and we’ll chat response strategy in private.

    J, a couple of hundred+ spent on this is insurance and comfort. Just do it and move on. There is potentially a lot more $$$$ to spend if something goes south or if they want to push the issue due to no response. As a business owner, I'm sure that you know when to pick and choose the battles.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    That might equate to an admission of guilt. The way I read the letter implies that talking to the AFT and surrendering the "silencer" would keep you out of trouble. But, it doesn't explicitly say that you will have immunity from any charges. I'd be awfully suspicious and certainly wouldn't contact them on my own without representation. This could be an easy conviction for them.
    They already have records of you being sent an "illegal suppressor". Turning in the thing they know you bought isn't going to make the situation worse. This is not the first time the BATFE has had people turn in stuff like accidental MGs, and to my knowledge, voluntary compliance has not been met with prosecution (for obvious reasons).
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    They already have records of you being sent an "illegal suppressor". Turning in the thing they know you bought isn't going to make the situation worse. This is not the first time the BATFE has had people turn in stuff like accidental MGs, and to my knowledge, voluntary compliance has not been met with prosecution (for obvious reasons).

    Yep. Never has been a problem. Know a guy whose father passed away leaving him a couple of illegal machine guns. Unregistered M-16 conversions. Home done. Called ATF, they sent an agent who briefly heard the story, thanked him very much, took the guns, and was on his way.
     

    Bertfish

    Throw bread on me
    Mar 13, 2013
    17,608
    White Marsh, MD
    Yep. Never has been a problem. Know a guy whose father passed away leaving him a couple of illegal machine guns. Unregistered M-16 conversions. Home done. Called ATF, they sent an agent who briefly heard the story, thanked him very much, took the guns, and was on his way.

    No way in hell I'd have ever done that

    To my basement they would disappear for a potential future need
     

    Bertfish

    Throw bread on me
    Mar 13, 2013
    17,608
    White Marsh, MD
    Keeping a pair of serious felonies in your basement "just in case" doesn't seem like a great idea to me.

    ATF can evidently destroy your life and seize your stuff even if you acted 100% legally. What's the difference anymore? There is seemingly little reason left to comply

    Comply, maybe get boned. Don't comply, maybe get boned.
     

    Gcs7th

    Ultimate Member
    Jan 26, 2012
    1,280
    AGC
    I think the question is what if they’ve been assembled into a legal silencer? They are no longer the original part as sold as you have modified them with ATF approval. The other question to me is when did they make the determination these parts were silencers? Was this after you completed/received your form 1. Since you no longer have the parts in the supplied configuration and they have been manufactured into a silencer on an approved form 1.
     

    Bertfish

    Throw bread on me
    Mar 13, 2013
    17,608
    White Marsh, MD
    I think the question is what if they’ve been assembled into a legal silencer? They are no longer the original part as sold as you have modified them with ATF approval. The other question to me is when did they make the determination these parts were silencers? Was this after you completed/received your form 1. Since you no longer have the parts in the supplied configuration and they have been manufactured into a silencer on an approved form 1.

    But their contention is the initial transfer was illegal

    I'd tell them my Form 1 can was made from other companies parts and to suck it. They can't prove shit. I sold the DM kit I had, no I don't know to who.
     

    Wolfe006

    Member
    Dec 30, 2021
    2
    Jig

    I purchased a jig from them a couple years ago, no other parts kits or anything…. Jig or fixture I think they called it only. Still got the letter and wondering what the best course of action would be?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    No way in hell I'd have ever done that

    To my basement they would disappear for a potential future need

    Keeping a pair of serious felonies in your basement "just in case" doesn't seem like a great idea to me.

    It’s not worth it. It’s not like they were Thompsons or BARs. They probably didn’t even run correctly. I dunno. It’s not worth losing my livelihood over. Full Auto is fun but stupid. My buddy is SF, and he gives me carbine lessons. He never used FA on his primary weapon (generally a FAL, but often an M4). He finds the finger up to the task. Slow is smooth and smooth is fast.

    Never keep an illegal machine gun. Always keep the knowledge to make one.
     

    Crazytrain

    Certified Grump
    MDS Supporter
    Jul 8, 2007
    1,641
    Sparks, MD
    They already have records of you being sent an "illegal suppressor". Turning in the thing they know you bought isn't going to make the situation worse. This is not the first time the BATFE has had people turn in stuff like accidental MGs, and to my knowledge, voluntary compliance has not been met with prosecution (for obvious reasons).

    Well...the thing they know and the thing they can prove are not necessarily the same thing. They say it's an "illegal suppressor." If I accept their premise I pretty much shutdown a potential defense. I have heard stories of police (I suppose not the AFT specifically), essentially tricking folks into confessing to crimes.

    I don't trust the Mother Lovers, and even if past compliance has never been met with prosecution (I don't know if that is a true statement), that doesn't mean it won't happen in the future.

    Remember, just because you are paranoid, it doesn't mean they ain't out to get ya.

    And as a matter of principle, why make their lives easy? If people role over every time there is a letter sent out, that gives them unlimited, unlegislated, and probably illegitimate power.

    Of course losing the fight has some serious consequences. But, damn it, somebody has to stand up for something.
     

    MigraineMan

    Ultimate Member
    Jun 9, 2011
    19,109
    Frederick County
    The AFT jeniuses concluded that this is a machine gun. So is a wire coat hanger. And your shoelaces.
     

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