Texas – -(Ammoland.com)- In a statement revealing a fundamental disconnect with the concerns of the NFA community, a Second Amendment trade organization recently claimed that the NFA Freedom Alliance’s efforts to replace and improve upon defense-to-prosecution statutes in states like Alaska, Oklahoma, Tennessee, Texas, and Washington are unnecessary and constitute a “fabricated” issue.
Under a defense-to-prosecution (DTP) statute, possession of an item regulated by the National Firearms Act (NFA ) is technically illegal; however, criminal courts are required to accept the defense that the item was possessed in full compliance with the NFA.
The NFA Freedom Alliance maintains that DTP statutes place a draconian burden of proof on gun owners and that, because law enforcement officers are not judges and have no authority to rule on the legitimacy of a criminal defense, officers in DTP states are more likely to arrest the owner of a properly registered NFA item and let a court settle the matter.
The suggestion that defense-to-prosecution statutes are a non- issue does not sit well with Michael Mihalski, a San Antonio gun dealer who was arrested in Austin, Texas, in September of 2013 for possessing a rifle suppressor purchased and registered in full compliance with the National Firearms Act.
“As someone who was arrested, booked, and forced to pay thousands of dollars in legal fees and wait eight months to get my suppressor and rifle back, I can tell you this is not a ‘fabricated‘ issue,” said Mihalski.
“It is a very real issue that has been and will continue to be used to persecute law -- abiding citizens with legally registered NFA items. Of course, I shouldn’t be surprised that the same organization that completely ignored my pleas for assistance when I was arrested, is now claiming that the law is fine as written.”
NFAFA Executive Director Todd Rathner, added, “It is unfortunate that a Second Amendment organization would be either too naive to understand the negative implications of defense-to-prosecution statutes or too egotistical to support an initiative launched by another organization. The NFA Freedom Alliance will not be distracted from our mission by petty naysayers , and self-serving groups who view like minded organizations as rivals.
We will continue to protect the NFA community will all we’ve got, and we stand ready to work with the entire Second Amendment community to secure the rights of all NFA owners.”
ABOUT THE NFA FREEDOM ALLIANCE -- The NFA Freedom Alliance (NFAFA) is the premier e direct action/lobbying organization working at the state and federal level to ease restrictions on the ownership, manufacture, sale, and use of items regulated by the National Firearms Act (NFA). For more information, visit www.NFAFA.org .