Comment on FR Doc # 2026-08928

Related to the transfer of machine guns: Section 922(o), Title 18, U.S.C., makes it unlawful for any person to transfer or possess a machine gun, except a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or any lawful transfer or lawful possession of a machine gun that was lawfully possessed before May 19, 1986. However, ‪27 CFR 479.105‬ far extends this Congressional passed law, and makes it required the machine gun be “… for sale or distribution to any department or agency of the United States or any State or political subdivision thereof, or for use by dealers qualified under this part as sales samples…” additionally restricted to “… The registration of such machine guns under this part and their subsequent transfer shall be conditioned upon and restricted to the sale or distribution of such weapons for the official use of Federal, State or local governmental entities. …” And for making: “… Subject to compliance with the provisions of this part, applications to make and register machine guns on or after May 19, 1986, for the benefit of a Federal, State or local governmental entity (e.g., an invention for possible future use of a governmental entity or the making of a weapon in connection with research and development on behalf of such an entity) will be approved if it is established by specific information that the machine gun is particularly suitable for use by Federal, State or local governmental entities and that the making of the weapon is at the request and on behalf of such an entity. …” However looking at the plain text of Section 922(o), Title 18, U.S.C, “(2) This subsection does not apply with respect to— (A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or (B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.” Exception B is the most commonly known exception, and refers to machine guns known commonly as “Transferable” However, looking at (A), the exception occurring before; The text “a transfer to or by, or possession by or under the authority of” seems to indicate that certain transfers or possession under an authority are also excepted. (A) continues with the list: the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof. This seems to indicate, per the plain text, that any transfer BY the Federal, State, or Local government OR possession (and possibly making?) under the AUTHORITY OF, is also an exception. That sounds like if I ask for permission, and either get a letter from a federal, state or local government agency OR even approval on a Form 1 or Form 4, that would fall under this exception. I ask that ATF, in light of the Executive order, to unburden citizens, deeply analyze this rule codified in ‪27 CFR 479.105‬ This rule was created in 1989, and there were already government exceptions. All this rule did was CLOSE an exception that Congress intended, for the PEOPLE! This rule was previously upheld under Chevron, which is now defunct and no longer valid. Please repeal ‪27 CFR 479.105‬ or at least bring it fully in line with USC, and allow the people to receive machine guns via transfer, under exception A, under the authority of, federal, state, or local government agencies including ATF through normal Form/Approval channels. Thank you.