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Actual federal law uses this particular wording in the context of machine guns :

in the possession or under the control of a person
ATF can inject murky text on their website or in their forms all they want, but the question is whether it would stand in court when the USC says control is the minimum bar and not the physical possession.
 
So........obvious question. How did that little faux pas get into the FAQ sheet without someone at ATF saying "Hey! What's that?".

-E-
 
Wait.....
So does this apply to the military too?

I didn't own any of the equipment when enlisted as I was constantly told this over and over and over and over, if I lost or abused said item I was liable.

Does this mean we just disarmed our armed forces or do they get to use some loophole?
 
Forgetting about this ATF mistake for a second, lets say your nfa items are owned by your gun trust and you wanted to let someone borrow your nfa item and you will not be there. Can you add that person to the gun trust and have their membership automatically expire the day after they use the gun? Seems like that would be an easy way to do it. But I guess if you had to have it notarized every time you add someone or if that new person would have to send fingerint cards to ATF then it wouldn't work becasue too much PITA.
 
Forgetting about this ATF mistake for a second, lets say your nfa items are owned by your gun trust and you wanted to let someone borrow your nfa item and you will not be there. Can you add that person to the gun trust and have their membership automatically expire the day after they use the gun? Seems like that would be an easy way to do it. But I guess if you had to have it notarized every time you add someone or if that new person would have to send fingerint cards to ATF then it wouldn't work becasue too much PITA.
You could .
 

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