EXCLUSIVE: Firearms Expert Says Dayton Shooter’s Weapon Was Illegally Modified.

The weapon, which was obtained legally, was modified illegally.

Any rifle that has a barrel under 16 inches is regulated under the National Firearms Act, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Clearly, the barrel on the rifle used by the shooter is less than 16 inches.

“In order to have that configuration, he would have had to file for an ATF tax stamp, either as the original owner, or as a transferrer,” Maxey said.

The ATF has strict regulations for modifying a stock firearm. The owner has to fill out a 12 page form, and oftentimes submit to a secondary background check, separate from the standard background check completed when originally purchasing a firearm. There is also a $200 fee – known as a “tax stamp” – to modify the weapon.

According to Maxey, it is extremely unlikely that the Dayton shooter when through this process. Maxey said the important question is where or how the shooter obtained the illegally modified short-barreled rifle.

“If more gun control is what they want, how does this get stopped? What’s next? We just ban parts?” Maxey said.

Indeed.