The 9-12 Project of Central PA

"You Are NOT Alone!"

FIREARMS – DO YOU HAVE ANY?

 

We don't have any firearms!  The fact is that most Americans do not know what the term Firearm even means!  I do.  You know me.  I am a finder and a reader of the Law.  The official definition of "firearm" is contained in the National Firearms Act which was codified in Title 26 so that it could be implemented by the Secretary of the Treasury.  The Act was drafted to prevent people from using sawed off or "short barrel" shotguns and rifles, since they are concealed and used in crimes; and to prevent people from modifying a pistol with a smooth bore to fire a shotgun shell!  Here is the definition.

 

26 USC § 5845. Definitions

 

For the purpose of this chapter—

 

(a) Firearm

 

The term “firearm” means

 

(1) a shotgun having a barrel or barrels of less than 18 inches in length;

 

(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;

 

(3) a rifle having a barrel or barrels of less than 16 inches in length;

 

(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;

 

(5) any other weapon, as defined in subsection (e);

 

And here is subsection e:

 

(e) Any other weapon

 

The term “any other weapon” means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

 

---------------------

 

I am not a firearm expert, but I DO know what a pistol or revolver with a rifled bore is!  Don't they all have rifled bores?  Such a weapon is NOT, by definition, a firearm!  Do we need the US Attorney General to issue an opinion on this matter?  I don't think so.  This is plain English. 

 

And aren't there rifles with barrels longer than 16 inches?  I think so.  Here's one.

 

Marlin 9805

The specs say,

 

Barrel - 22" with Micro-Groove® rifling (16 grooves).

Overall length 41 inches.

 

And shotguns with barrels longer than 18 inches? 

 

Benelli - MONTEFELTRO SILVER 12-GAUGE 2-3/4" AND 3"

 

The specs say Model 10800 has a 28 inch barrel!

 

 

Those are not firearms either!  WTF?! 

 

And the annotations in Title 18 section 921 state that, this section, (921) shall not modify the National Firearms Act, 26 USC 5801 et seq., which includes the definitions in 5845! Read it for yourself!

 

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 18USC921]

 

[Page 195-201]

 

                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE

 

                             PART I--CRIMES

 

                          CHAPTER 44--FIREARMS

 

 

Sec. 921. Definitions

 

        Modification of Other Laws

 

    Section 104 of title I of Pub. L. 90-618, as amended by Pub. L. 99-

514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ``Nothing in

this title or the amendment made thereby [amending this chapter] shall

be construed as modifying or affecting any provision of—

 

        ``(a) the National Firearms Act (chapter 53 of the Internal

    Revenue Code of 1986) [section 5801 et seq. of Title 26, Internal

    Revenue Code];

 

How about THAT?!  So the operative definition is still the code above, Title 26 section 5845.  The corrupt government uses the illegal modified definitions in Title 18 to prosecute and unless the accused knows the law, or has an attorney who does and is willing to defend it, ha ha, then off you go to the hoosegow.  What a crock.  We need to raise hell about this.  Anyone maliciously prosecuted and falsely imprisoned under 921 should be released and the federal prosecutors should be in jail!

 

Here is 18 USC 921

 

(3) The term “firearm” means

 

(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;

 

NOTICE how the subsection above conspicuously excludes the pistol or revolver with rifled bore exception in 26 USC 5845, which is the National Firearms Act!  But the annotations specifically state that the above Title can NOT modify or alter the definition in 5845!  Bastards!

 

(B) the frame or receiver of any such weapon;

 

(C) any firearm muffler or firearm silencer; or

 

(D) any destructive device. Such term does not include an antique firearm.

 

(5) The term “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

 

ACCORDING TO  5845, THE ABOVE WEAPON IS NOT A FIREARM!  THE ONE BELOW IS A FIREARM!

 

(6) The term “short-barreled shotgun” means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches.

 

(7) The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.

 

ACCORDING TO  5845, THE ABOVE WEAPON IS NOT A FIREARM!  THE ONE BELOW IS A FIREARM!

 

(8) The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.

 

The only section even containing the term "pistol" is in the definition of "antique firearm," "muzzle loading pistol," and the term "revolver" is nowhere to be found!

 

(16) The term “antique firearm” means—

 

(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

 

Read it for yourself.

 

FULL TEXT OF 26 USC 5845

http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00005845...

 

FULL TEXT OF 18 USC 921

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000921...

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