Greg posted Part II.Â Â If this is true, then I think most NFA rentals are probably unlawful?
The biggest misconception of the NFA is the definition of Transfer. Most lay people (non lawyers) would use the definition found in a dictionary to interpret a transfer. Unfortunately that is not the way it works with the law. When a word is defined in a statute, you must read the statute with the definition that is contained within. In this case the word transfer creates many pitfalls for the typical consumer. Until recently if you asked anyone if it was ok to let someone else use your silencer, SBR, or Machine Gun while in your presence at the rage, they would almost always say it was permitted.
In fact, this is a violation because it is a transfer under the NFA. Only in the last year or so, since I began pointing it out to consumers has there been anything written on this topic.
I always figured a transfer only happens if you assume physical control over the device outside of the supervision of the person who legally possess it.Â In other words, shooting a friends legal subgun on the range is fine.Â Taking it home with you is a transfer.