Lots of ignorance in the post by Sanch, so let's try to correct some of it for people that might be concerned about the very slight chance of getting prosecuted, and the more likely chance of having your property seized for the violation, even if there is no prosecution.NFA Tax Stamps are $200 for making or transfer of everything other than an Any Other Weapon (AOW), they are $200 for making an AOW, and $5 for transferring an AOW.In the federal system juries don't determine the sentence, the judge determines the sentence.Can they get a jury to convict you to 10 years in prison because you forgot to get it engraved too?The problem is the when you turn a non-NFA firearm into an NFA firearm, you are the manufacturer, and the Form 1 and tax stamp show that information. It's required, and it's a violation of the law to not properly mark the firearm.It’s already engraved with the firearm serial number and there’s a digital database linking that serial to you.
No. In most cases if there is a dispute an agent over the phone can usually ask the local cop to seize the firearm. In many (probably most, if not all) jurisdictions there are laws the prohibit the possession of the same types of firearms that federal law taxes and requires registration under the NFA. In those jurisdictions (most, but not all) create an exception under state law, that if the person can prove it's lawfully possessed under the federal law, then it's legal to possess under state law. If you haven't properly engraved your firearm it's not lawfully possessed under federal law, and now you've got a problem with the feds, and the local or state LE. The ATF agent can then seize the firearm for administrative forfeiture, for the GCA and/or NFA violation (can't remember if the marking requirements are solely a GCA requirement or not, and I'm not going to look it right now).For this to be a problem, first you have to have the SBR in public, then you have to piss off a cop who either really knows the engraving laws and is out to get you or is clueless about NFA entirely and is out to get you. Then that cop would have to call the ATF field office who would have to decide over the phone to send an agent, even after they checked the database and confirmed it’s registered to you.
No prosecution required. Now it's a civil forfeiture case, even if the violation doesn't get prosecuted.
Probably not, as explained above, and an agent can likely get the firearm from local or state LE at a later time/date.Then that agent would have to show up and instead of giving you a warning suggesting you get it engraved, he decides to jack you up too.
First, you are again showing more ignorance of how the federal government works. The USDA is the US Department of Agriculture. A prosecutor in the federal system is an Assistant United States Attorney (AUSA). Charges in the fed system can come about three ways. Criminal complaint, Grand Jury indictment, or a Filing of Information. Further, to lose the firearm no charges need to be filed. Any violation of the GCA or NFA can result in the firearm being seized "administratively" and then the issue of forfeiture becomes a civil suit. Much like when the feds seize cars, cash, etc, used in drug crimes.After that, you’d need a USDA willing to file charges and a grand jury willing to bill you and then a jury willing to convict you.
Are you also willing to bet no one has had their firearms forfeited through the civil process for the violation? I don't know the answer for sure, but I'm comfortable saying the number is something greater than zero.I’d bet not a single person with a legitimate NFA tax stamp has ever actually even been arrested for failing to engrave, let alone convicted.
How about you actually learn the facts before you suggest that people willfully violate federal law?