There are many reasons the ATF should be abolished, this just being another one.Damn, this is a sad story. Wish the OP well in recovering the rifle, I get being strapped for cash, that's an heirloom gun I'd rather keep in the family and pass down if there's anyone to pass it on to, but I get being cash strapped. I think this makes reason 4,938,328 the ATF should be abolished and all gun laws stricken from the books.
As confirmed in US v Miller 1939 and corrected by DC v Heller 2008, suitability for military use is not a reason for making a firearm illegal or restricted. In fact it is a basis for specifically including military style firearms as part of the God-given right of the people protected by the second amendment.
I'm always surprised when I find someone who has actually read US v Miller. That ruling, that ostensibly upheld the NFA, is very, very clear in its reasoning. It provides the blueprint to overturn the NFA.
Miller dealt with a sawed-off shotgun and the court upheld the NFA on the basis that no one had shown in court that a sawed-off shotgun was a valid militia/military weapon. If such had been shown, the NFA would have failed.
Why was no court shown pictures of a "trench broom" in use during WWI? I think it pretty much boils down to the fact that Miller's counsel was incompetent or absent, as was Miller himself in the later stages.
The language of the decision can actually be read as the author begging someone to do a competent job of showing that sawed-off shotguns (and, by extension, machine guns) are valid weapons of war so that they could overturn the NFA.
Why no one took up that challenge before 1968, I don't know. After the 68 GCA, the whole mess just seems like it was too complex and entrenched for someone to clean up and no one has bothered to strike at the root of the problem, the NFA. Some people have done some good work around the edges; the Thompson Center case comes to mind. But no one has tried (that I know of; educate me if I'm ignorant) to simply walk around the 68 GCA and directly attack the NFA, using the blueprint provided by SCOTUS.
Damn shame, that is.
...Miller's phrase "part of ordinary military equipment" could mean that only those weapons useful in warfare are protected. That would be a startling reading of the opinion, since it would mean that the National Firearms Act's restrictions on machineguns (not challenged in Miller) might be unconstitutional, machineguns being useful in warfare in 1939.
We think that Miller's "ordinary military equipment" language must be read in tandem with what comes after: "[O]rdinarily when called for [militia] service [able-bodied] men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."
From the OP....Maybe I missed it, but how did they even become aware you had this rifle?
From the OP....
"My brother died of covid earlier this year and I got the TRW M14NM. My attorney advised me to notify ATF so there would be no doubt of the legality of it.
I notified them on May 19. I felt that even if they ruled it was a machine gun I would be best off if I had an 07 FFL so I applied, was interviewed and got it in the mail on Saturday 8/23. I sent ATF an email that day. FIRST THING MONDAY AFTER A FOUR MONTH WAIT:"
They will probably not destroy! Probably be in one's home or put in a museum!Hopefully they only electric pencil an evidence number on it & not cut it up!
Dream on! BATFE has no problems destroying history! IIRC one of the belt feeds Sgt. York captured almost got destroyed!They will probably not destroy! Probably be in one's home or put in a museum!
Yes, and it actually took an Act of Congress to keep it from happening........Dream on! BATFE has no problems destroying history! IIRC one of the belt feeds Sgt. York captured almost got destroyed!