United States v. 9mm Machinegun Manufactured by Parabellum Combat Sys.
| Decision Date | 09 July 2020 |
| Docket Number | Case No. 3:19-CV-00496-LRH-CLB |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. 9mm machinegun manufactured by Parabellum Combat Systems/ Silver Bullet Gun Works (Trigger pack), Model PCS-9, Serial No. 50799; 9mm machinegun manufactured by Group Industries/ Silver Bullet Gun Works (bolt), Model UZI, Serial No. 790111; 9mm machinegun manufactured by Glock/ Silver Bullet Gun Works, Model 19, Serial No. YDE825; .223 caliber machinegun manufactured by Heckler & Koch / Silver Bullet Gun Works, Model MP5, Serial No. 009; .223 caliber machinegun manufactured by Heckler & Koch/ Silver Bullet Gun Works, Model HK93, Serial No. 507; 9mm machinegun manufactured by Silver Bullet Gun Works, Model PPSH-41, Serial No. 417; 9mm machinegun manufactured by MK Arms/ Silver Bullet Gun Works, Model MK760, Serial No. C0067; 7.62 caliber machinegun manufactured by Silver Bullet Gun Works, Model AK-47, Serial No. 013118; 7.62 caliber machinegun manufactured by Silver Bullet Gun Works, Model KRINKOV, Serial No. KL507; .223 caliber machinegun manufactured by Bushmaster/ Silver Bullet Gun Works, Model XM15E2S, Serial No. L420020; 7.62 caliber machinegun manufactured by Jaco Sales Co. LLC, Model RPD, Serial No. 0218; 8mm machinegun manufactured by William D Bowman Law Enforcement Technology/LET, Model MADSEN1904, Serial No. 523; .45 caliber machinegun manufactured by William D Bowman Law Enforcement Technology/LET, Model M1A1, Serial No. 1002; .308 caliber machinegun manufactured by Leonard, Benny W; Benny Leonard, Model MG42, Serial No. 1924; 8mm machinegun manufactured by Jaco Sales Co. LLC, Model MG34, Serial No. 8904; 5.56 caliber machinegun manufactured by Jaco Sales Co. LLC, Model MARCK15, Serial No. 30090; 9mm machinegun manufactured by Silver Bullet Gun Works, Model SIG MPX, Serial No. 103117; .308 caliber machinegun manufactured by Jaco Sales Co. LLC, Model L1A1SPORTER, Serial No. 124852; .223 caliber machinegun manufactured by D.S. Arms Inc., Model M249, Serial No. SAW007; 5.45 caliber machinegun manufactured by Jaco Sales Co. LLC, Model AUSA, Serial No. AA5597; 7.62 caliber machinegun manufactured by Jaco Sales Co. LLC, Model AUSA, Serial No. AA5654; 7.62 caliber machinegun manufactured by SAS Products, Model PKM, Serial No. BE412; 9mm machinegun manufactured by Jaco Sales Co. LLC, Model M31SA, Serial No. H002448; 9mm machinegun manufactured by Jaco Sales Co. LLC, Model NDS1948, Serial No. IDF0502; .30 caliber machinegun manufactured by Jaco Sales Co. LLC, Model M2, Serial No. J7001; 7.62 caliber machinegun manufactured by JCD Tactical Law Enforcement Sales, Model 1919A4, Serial No. JCDA4-001; 9mm machinegun manufactured by Jaco Sales Co. LLC, Model M45, Serial No. K1308; 7.62 caliber machinegun manufactured by Jaco Sales Co. LLC, Model M60, Serial No. M1302; 7.62 caliber machinegun manufactured by Jaco Sales Co. LLC, Model MAG58, Serial No. MAG1131; 7.62 caliber machinegun manufactured by Jaco Sales Co. LLC, Model DP28, Serial No. SMG10-DP041; .303 caliber machinegun manufactured by Jaco Sales Co. LLC, Model BRENMK1, Serial No. SMG12-028; 9mm machinegun manufactured by Jaco Sales Co. LLC, Model STERLINGSPO, Serial No. WLA210-C04185; and 7.62 caliber machinegun manufactured by Jaco Sales Co. LLC, Model PPS43C, Serial No. KT01312P, Defendants. |
| Court | U.S. District Court — District of Nevada |
This civil forfeiture case is before the Court on a Motion for Default Judgment of Forfeiture and Final Judgment by the United States ("the government") for the forfeiture against the interest of Tina Clare, Michael Clare, and all persons or entities who may claim interest in: the 9mm machinegun manufactured by Parabellum Combat Systems/ Silver Bullet Gun Works (Trigger pack), Model PCS-9, Serial No. 50799; 9mm machinegun manufactured by Group Industries/ Silver Bullet Gun Works (bolt), Model UZI, Serial No. 790111; 9mm machinegun manufactured by Glock/ Silver Bullet Gun Works, Model 19, Serial No. YDE825; .223 caliber machinegun manufactured by Heckler & Koch / Silver Bullet Gun Works, Model MP5, Serial No. 009; .223 caliber machinegun manufactured by Heckler & Koch/ Silver Bullet Gun Works, Model HK93, Serial No. 507; 9mm machinegun manufactured by Silver Bullet Gun Works, Model PPSH-41, Serial No. 417; 9mm machinegun manufactured by MK Arms/ Silver Bullet Gun Works, Model MK760, Serial No. C0067; 7.62 caliber machinegun manufactured by Silver Bullet Gun Works, Model AK-47, Serial No. 013118; 7.62 caliber machinegun manufactured by Silver Bullet Gun Works, Model KRINKOV, Serial No. KL507; .223 caliber machinegun manufactured by Bushmaster/ Silver Bullet Gun Works, Model XM15E2S, Serial No. L420020; 7.62 caliber machinegun manufactured by Jaco Sales Co. LLC, Model RPD, Serial No. 0218; 8mm machinegun manufactured by William D Bowman Law Enforcement Technology/LET, Model MADSEN1904, Serial No. 523; .45 caliber machinegun manufactured by William D Bowman Law Enforcement Technology/LET, Model M1A1, Serial No. 1002; .308 caliber machinegun manufactured by Leonard, Benny W; Benny Leonard, Model MG42, Serial No. 1924; 8mmmachinegun manufactured by Jaco Sales Co. LLC, Model MG34, Serial No. 8904; 5.56 caliber machinegun manufactured by Jaco Sales Co. LLC, Model MARCK15, Serial No. 30090; 9mm machinegun manufactured by Silver Bullet Gun Works, Model SIG MPX, Serial No. 103117; .308 caliber machinegun manufactured by Jaco Sales Co. LLC, Model L1A1SPORTER, Serial No. 124852; .223 caliber machinegun manufactured by D.S. Arms Inc., Model M249, Serial No. SAW007; 5.45 caliber machinegun manufactured by Jaco Sales Co. LLC, Model AUSA, Serial No. AA5597; 7.62 caliber machinegun manufactured by Jaco Sales Co. LLC, Model AUSA, Serial No. AA5654; 7.62 caliber machinegun manufactured by SAS Products, Model PKM, Serial No. BE412; 9mm machinegun manufactured by Jaco Sales Co. LLC, Model M31SA, Serial No. H002448; 9mm machinegun manufactured by Jaco Sales Co. LLC, Model NDS1948, Serial No. IDF0502; .30 caliber machinegun manufactured by Jaco Sales Co. LLC, Model M2, Serial No. J7001; 7.62 caliber machinegun manufactured by JCD Tactical Law Enforcement Sales, Model 1919A4, Serial No. JCDA4-001; 9mm machinegun manufactured by Jaco Sales Co. LLC, Model M45, Serial No. K1308; 7.62 caliber machinegun manufactured by Jaco Sales Co. LLC, Model M60, Serial No. M1302; 7.62 caliber machinegun manufactured by Jaco Sales Co. LLC, Model MAG58, Serial No. MAG1131; 7.62 caliber machinegun manufactured by Jaco Sales Co. LLC, Model DP28, Serial No. SMG10-DP041; .303 caliber machinegun manufactured by Jaco Sales Co. LLC, Model BRENMK1, Serial No. SMG12-028; 9mm machinegun manufactured by Jaco Sales Co. LLC, Model STERLINGSPO, Serial No. WLA210-C04185; and 7.62 caliber machinegun manufactured by Jaco Sales Co. LLC, Model PPS43C, Serial No. KT01312P (), for entry of a final judgment of forfeiture against the defendant property in the above-entitled action and vesting in the United States all possessory rights, all ownership rights, and all rights, titles, and interests in the defendant property. As discussed below, this Court will grant the government's motion for default forfeiture.
The Gun Control Act ("GCA"), 18 U.S.C. § 921(a)(23), and the National Firearms Act ("NFA"), 26 U.S.C. § 5845(b), provide the following definition for the term "machinegun":
"[M]achinegun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.
The GCA provides that "it shall be unlawful for any person to transfer or possess a machinegun." 18 U.S.C. § 922(o)(1). The law exempts from that proscription any "possession. . . under the authority of, the United States or any department or agency thereof." 18 U.S.C. § 922(o)(2)(A). The GCA and Code of Federal Regulations require any person wishing to manufacture or deal in firearms (including machineguns) to obtain and maintain a Federal Firearms License ("FFL") from the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"). 18 U.S.C. § 923(a); 27 C.F.R. §§ 478.41(a), 44(a). FFL holders are required to "execute and file with ATF prior to the expiration of [a] license an application for a license renewal. . .in accordance with the instructions on the form, and the required fee." 27 C.F.R. § 478.45. If a licensee has failed to renew an FFL, the person must file a new FFL application and obtain a new license to continue to legally engage in the business of dealing and manufacturing firearms. 27 C.F.R. § 478.44(a)(1).
The GCA makes it unlawful for any person to "engage in the business of. . .manufacturing or dealing in firearms" unless the person is a "licensed manufacturer or licensed dealer." 18 U.S.C. § 922(a)(1)(A). The GCA defines "licensed manufacturer" and "licensed dealer," respectively, as any manufacturer or dealer "who is licensed under the provisions of" the GCA. 18 U.S.C. § 921(a)(10)-(11). The GCA subjects to forfeiture any firearm involved in a willful violation of the GCA or the regulations promulgated under the GCA. 18 U.S.C. § 924(d)(1).
The NFA requires that any manufacturer or dealer of a machinegun pay an annual special occupational tax ("SOT") on or before July 1 of each year. 26 U.S.C. § 5801(a). Failure to pay the SOT can result in fines, financial penalties, and criminal liability. 26 U.S.C. §§ 5871, 6601, 6651; 27 C.F.R. § 479.48. The NFA prohibits any person from "engaging in business" as a covered firearms manufacturer or dealer "without having paid" the SOT. 26 U.S.C. § 5861(a). An individual who engages in...
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