Author: Merting

Robert was raised in the pine forests of South Carolina’s Lowcountry. He is a graduate of Wofford College and received his Juris Doctor (J.D.) from Washington and Lee University. An avid hunter, shooting sports enthusiast and outdoorsman, Robert has built his law practice with a focus on firearms law and the legal structures required for the purchase and protection of firearms. Previously, he worked as in-house counsel to a large defense contractor, from which he brings a depth of business knowledge to his clients. Robert lives in the Upstate and practices law from his office in Greenville, South Carolina.

Myth: I Have to Pay a Yearly Tax

Posted onNovember 4, 2012AuthorMerting

Many times I have been told that NFA ownership is prohibitively expensive because there is a yearly tax. Fortunately, there is no truth to this myth. The tax for NFA firearms is a one time tax paid only upon the transfer of the firearm. The tax was set to be prohibitively expensive in 1934: $200.00. Read More …

Myth: The ATF Can Search My House

Posted onOctober 31, 2012AuthorMerting

Granted, the ATF is not the most transparent federal agency, but I hear a lot of myths about the ATF from clients and friends. One of the most prevalent goes along the lines of this: “If I buy a NFA firearm I have to waive my fourth amendment right and allow the police to search Read More …

Possession and Age

Posted onOctober 29, 2012AuthorMerting

The selling of NFA firearms are regulated at two levels. Dealers in NFA firearms are held to a slightly higher standard than a mere private owner transferring his firearms privately. It is true that both must register the sale of the firearm with the ATF, but the private owner is not subject to federal age requirements for Read More …

Pre and Post Dealer Samples

Posted onOctober 24, 2012AuthorMerting1 Comment

Last week I wrote about the 1986 machine gun ban, and this week I wanted to elaborate on dealer sample machine guns. Generally, dealer samples are the machine guns that gun shops keep to demonstrate a particular firearm. Today, the military or a local police department may wish to test a firearm out before ordering Read More …

May 19, 1986 and Machine Guns

Posted onOctober 18, 2012AuthorMerting

If you have ever looked into buying a machine gun you have likely noticed the exorbitant prices. This is due to the Firearm Owners Protection Act passed on May 19, 1986. While the act did much to protect gun owners, it included a restriction on machine guns which became codified at 18 U.S.C. § 922(o). This restriction forbid Read More …