edit to add: IS A LETTER LEGALLY BINDING? WHO MAKES THE LAWS?doubloon wrote:The letter you're cherry-picking from is the second one of a pair.Catskinner wrote:...
OK. that explains the tube then, but where is there info on the baffles having to be turned over by law, to get new ones replaced? This sounds hard to believe that nothing can be done here.
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But these are "letters" not "rulings" and assuming they were valid for anyone other than the original addressee even without the GemTax it's still not possible to replace anything tax-free without the original components.
Both letters state the parts (unmarked silencer components) have to be returned and destroyed to be replaced without requiring a new registration tax. They have to be replaced on an exchange basis. Without the original components it's a new silencer and a new tax. Find those parts.
The piece of the letter your quoting states tube replacement is possible by the original manufacturer for silencers unusable due to a manufacturer defect. Even if GemTax had never happened the original components would be required for the manufacturer to examine and verify the silencer was defective. Without those parts no examination can be made, no silencer can be found defective and no replacement can be had without a new tax. Find those parts.
Sure AAC could give away a new silencer for free AND pay the tax based on the customer's hand to god he did everything right and the suppressor "just blew up" . I wouldn't. I would want to verify there was a defect so I could fix my manufacturing process. Find those parts.
So is a letter legally binding? And my point about AAC is if they can determine if they owner did obviously fire a machine gun or something through it. then it might not be covered, unless its an unconditional warranty. I didn't cherry pick it though, I found it relevant while trying to research an answer.
This was posted by bendersquint recently, and its relevant, and just shows the confusion the atf has sprinkled into the NFA, by not getting legally binding opinions of a judge.I feel they like it that way, because a judge would strike down most of the atf opinion papers, and take their lateral opinions out of their hands.
"It's just an opinion letter and nothing more. I seriously doubt it would stick and if it could then the ATF only has to issue another one saying they changed their minds and then its done.
What I would be concerned about is that the ATF might have the legal possibility of eliminating trusts as owners of NFA, since only persons can own NFA. I see that as more of a possibility than anything."