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50BMGBOB
02-08-2011, 2:57 PM
I light of a recent thread Antique Gatling Guns (http://www.calguns.net/calgunforum/showthread.php?t=392598) I was researching the laws again. Most searches just take me to the ruling on Mini Guns ATF Rul.2004-5 (http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2004-5.html) which refferences Rev. Rul. 55-528, 1955-2 C.B. 482 but I can't find a copy of it. Any ideals of where I could get a copy of Rev. Rul. 55-528, 1955-2 C.B. 482? I am not a lawyer and Google, Bing and Yahoo all keep pointing me back to ATF Rul. 2004-5. Is there somewhere I can go to get this?

Librarian
02-08-2011, 3:12 PM
Got a case reference...

U.S. v. FLEISCHLI (2000) (http://il.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%2FFDCT%2FCIL%2F2000%2F20001020_0000011.CIL.ht m/qx)

Internal Revenue Service's Revenue Ruling 55-528. Under this Revenue Ruling:

Any crank-operated gear-driven Gatling gun (produced under 1862 to 1893 patents) employing a cam action to perform the functions of repeatedly cocking and firing the weapon, as well as any such gun actuated by an electric motor in lieu of a hand-operated crank (produced under 1893 and later patents), while being a forerunner of fully automatic machine guns, is not designed to shoot automatically or semiautomatically more than one shot with a single function of the trigger. Such weapons are held not to be firearms within the purview of the National Firearms Act (Chapter 53 of the Internal Revenue Code of 1954).... but not the actual rule. Critical item appears to be that it's an IRS ruling, since 1955 pre-dates ATF by 13 years, I believe.

50BMGBOB
02-08-2011, 4:01 PM
Yes, it is an IRS ruling. But I still can't find it. No doubt that Gatlings are legal but it would be nice to find it. Thanks for the case ref.

CSACANNONEER
02-08-2011, 4:03 PM
Awesome! An original designed gattling gun can have an electric motor and not be a FA!

Librarian
02-08-2011, 4:07 PM
Awesome! An original designed gattling gun can have an electric motor and not be a FA!

I think that's the substance of the modification via 2004-5 - current ATF seems to believe that the electric motor is a no-no.

50BMGBOB
02-08-2011, 5:47 PM
Yes, 2004_5 says no to motors. Another case where something that was legal is now not. The ATF even reverses it's own rulings from time to time.

CSACANNONEER
02-08-2011, 6:09 PM
Yes, 2004_5 says no to motors. Another case where something that was legal is now not. The ATF even reverses it's own rulings from time to time.

I remember. That's when miniguns became NFA items, right?

50BMGBOB
02-08-2011, 7:43 PM
Yes, 2004-5 is the ruling that made miniguns an NFA item.

CHS
02-09-2011, 1:39 PM
Yes, 2004-5 is the ruling that made miniguns an NFA item.

So the real question is, if someone built a motor-powered gatling gun of the original design, after the ATF changed their ruling would they have been allowed to pay the tax and register these, assuming the ruling happened after 86?

What about cases like the Akins Accelerator? The stock was designed and sold post-86 with the ATF's blessing. Then they changed their mind. Did anyone go "Fine, here's $200 bucks. Will you let me register it then?"???

50BMGBOB
02-09-2011, 8:34 PM
Well I found the ruling and I will summarize sents I am on my phone but back in 1955 they state that Gatling guns that used a crank or motor where not under the NFA but if it used a later patent where once the first round is fired it uses the rounds gases to keep firing then it does come under the NFA. Then in the 2004-5 ruling it was change so if you used a motor then it also falls under the NFA.

As for if they grandfather, people when they change things. While I think they should, I haven't looked into that.