Ian wrote:Hogwash. Try buying a Tomahawk cruise missile for personal use. It is neither universal nor unlimited, and rightfully so.
Here's the interesting thing about US law, if it's merely a "destructive device" and is not a "WMD" (nuclear, biological, chemical) weapon, I can absolutely own a cruise missile...if I can find one for sale that's not stolen property...and if I qualify to possess any classified materials or systems.
You see, cruise missiles are manufactured by private industry. They own those missiles until the DOD takes possession of them and pays for them. They have to have various licenses and permits to be able to build PARTS of them (like the classified guidance systems and the explosives) and they operate under security rules set by the DOD that are contractual in nature.
However, the company absolutely owns them. Moreover, if the DOD breaches a contract or fails to pay for them, they are still the property of the manufacturer who can sell them to anyone who has the requisite licenses, permits and authorizations to possess them.
If I want to, I can get a Class 10 FFL and a security clearance and begin manufacturing them myself if it pleases me to do so.
Whether I can sell them on the open market depends on who I'm trying to sell them to. Under ITAR I can't sell to foreigners without State Department permission and they would be classified as NFA items so I can only sell to someone who passes the background checks and gets a Form 4 approved. While it's doubtful such a sale would actually go through, there is no actual legal impediment to me buying a cruise missile from a manufacturer so long as I have the proper authorizations.
This principle does not apply to nuclear, biological or chemical weapons however.
But I've got an acquaintance who is a Class 10 FFl who owns tanks, artillery field pieces, explosive rounds for them, machine guns, SBRs, SBSs and all manner of genuine military weaponry that he has purchased legally from various sources.
The DOD tries to control access to military-grade weaponry two ways: First by making it a contractual obligation for the manufacturer to ONLY sell or distribute to the DOD; and second by classifying high technology items so Joe Blow doesn't have the security clearance to possess the item.
Here's an example of how "leakage" occurs that allows some pretty high-tech military gear to get to civilians.
A year or two ago Vectronix, a Swiss company that manufactures a most remarkable pair of binoculars called the Vector 21 which is a laser rangefinder that can range out to 25 kilometers that also has various sensors built in to allow it to determine direction, range and angle. It can be interfaced with a GPS and it can calculate all sorts of things. You can aim it at a target, get your position by GPS, and then get the GPS coordinates of the target with one measurement. You can determine the height, width or distance from another object using geometry that's built in. You can adjust artillery fire by lasing the fall of the shot and the unit automatically calculates the correction to send to the artillery targeting unit.
It's a very sophisticated piece of gear that costs about $25,000 each. The US military owns thousands of them. But the same unit is available to civilians, albeit with some military-specific programs missing.
Anyway, Vectronix shipped a truckload of Vector 21s to the military but it went missing in transit. Eventually the insurance paid for the lost units. Some time later the shipment was found. It now belonged to the insurance company, who was under no legal compulsion to give them to the US Army (because they didn't belong to the army) or back to Vectronix (because Vectronix got an insurance settlement. And since they are not classified items, they were sold on the open market by the insurance company to recompense their outlay.
This kind of thing happens all the time.
Now, the one thing that is precluded by the NFA is the manufacture of machine guns "for sale to civilians" that was in the 1986 update. You can still make and market a machine gun, but you can only sell it to a government agency or authorized foreign buyer.
Because a "lost" machine gun (as in the binoculars) is still a machine gun, the insurance company wouldn't be able to sell them to just anyone even if that person was qualified under the NFA, because of the manufacturing ban.
See, it's NOT illegal to own a machine gun, or a silencer, or a short-barreled rifle, and indeed the BATFE has no latitude in issuing a tax stamp for a Class III weapon to a person who is qualified under the law to possess it. They couldn't ban the ownership of machine guns, so they controlled the MANUFACTURE of them instead. And that law can be changed at any time to make it legal for civilians to buy machine guns manufactured after 1986.
A pre-ban H&K MP-5 submachine gun sells for about $15,000 in the NFA market.
A post-ban H&K MP-5 submachine gun manufactured last week sells for about $850...to an authorized government agency.
So all the NFA ban did was raise the price of owning a machine gun, it didn't stop anyone from owning one if they can find and afford one.
"Seth is Grandmaster Zen Troll who trains his victims to troll themselves every time they think of him" Robert_S
"All that is required for the triumph of evil is that good men do nothing." Edmund Burke
"Those who support denying anyone the right to keep and bear arms for personal defense are fully complicit in every crime that might have been prevented had the victim been effectively armed." Seth
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