National Gun Forum banner

1 - 14 of 14 Posts

·
Registered
Joined
·
47 Posts
Discussion Starter #1
I searched around this site but couldn't find anything on them.

I'm another poor confused soul on the laws with these. I've been looking and reading for days and want to double check to see if I got this right.


- Having an Ar-15 with multiple M-16 internal parts is illegal w/o Class III Permit ("machine gun")
- Having a pre- Nov. 1 1881 is legal as long as you don't own an Ar-15
- Owning a Nov. 1 onwards is not legal unless it's registered with NFA papers and a Class III
- Owning any combination of M-16 and Ar-15 parts that can be combined to misfire double rounds or fire automatic* is illegal

Moral of the story: I like collecting things I find cool in history and such. I have a few grenades from WWII and WWi Pistols, I made a flamethrower and such. Can I buy a "Pre-81" DIAS withtout any license?

I am up to date with terminology but if you get excited feel free to explain.
*Automatic=One trigger pull multiple bullets fired


Anything would be cool :thumbsup:
Thanks for your time
 

·
Super Moderator
Joined
·
11,371 Posts

·
Premium Member
Joined
·
15,424 Posts
Try going to http://www.atf.gov/publications/firearms/ and download ATF P 5300.4 — Federal Firearms Regulations Reference Guide 2005

It's no picnic to read and/or decipher, but it does define and somewhat clarify the rules you refer to.

I would also caution against accepting anything you read on any internet forum as fact, in and of itself. I'm sure you are aware how many "experts" are out there who just can't wait to share with you their genius. When it comes to firearms laws and BATF rules, please treat anything you read as opinion until you verify it personally.
 

·
Super Moderator
Joined
·
11,371 Posts
When it comes to firearms laws and BATF rules, please treat anything you read as opinion until you verify it personally.
Good advice for all things internet. Know your sources.

--Wag--
 

·
Registered
Joined
·
47 Posts
Discussion Starter #6
I did this whole thing then lost internet.
Anyways. I trust you Gunrnr but I read this part and took it as okay. I'm going to ask an NFA agent and post that up here for finalization.


§ 479.105 Transfer and possessionof machine guns.

(a) General. As provided by 26 U.S.C. 5812 and26 U.S.C. 5822, an application to make or transfer a firearm shall be denied ifthe making, transfer, receipt, or possession of the firearm would place themaker

or transferee in violation of law. 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, orpossession by or under the authority of,

the United States or any department or agencythereof or a State, or a department, agency, or political

subdivision thereof; or any lawful transfer or lawful possession of a machine gun that waslawfully possessed before May 19, 1986. Therefore, notwithstanding any other provision of this part, noapplication to make, transfer, or import a machine gun will be approved except asprovided by this section.

(b) Machine guns lawfullypossessed

prior to May 19, 1986. A

machine gun possessedin compliance with the provisions of this part prior to May 19, 1986, may continue to be lawfully possessedby the person to whom the machine gun is

registered andmay, upon compliance with the provisions of this part, be lawfully transferred to and possessed by the transferee.


That sounds like I could buy one. Then it goes on to talk about importing, exporting, business closures. The in compliance part is refering to selling to aliens, felons, mental patients, underage, etc.
 

·
Super Moderator
Joined
·
11,371 Posts
The key is the first item you listed in your first post. You can own any class III weapon or "device" with the required permit. An auto sear is just such a device and must be accompanied by the required permit.

--Wag--
 

·
Registered
Joined
·
1,056 Posts
To the original OP, I think you should do a little more research, fully automatic firearms and other destructive devices have been regulated since the 1934 NFA. The only thing that changed , I believe, with the NFA of 1986, was that any fully automatic firearm , or part used to build a fully auutomatic firearm manufactured after 1986, could only be sold to police, military and government agencies. That is the whole reason an M16 went from $1100 in 1985 to over $10,000 in 2012. Only those firearms and parts made prior to 1986 can be transfered to an individual, you still have to register and have the proper paperwork to own it.
You should research ALL of the NFA acts, there are several.
 

·
Registered
Joined
·
1,056 Posts
By the way, if your WW2 grenades are live, you should know all about NFA laws, considering they are also covered by the 1934 law.
 

·
Premium Member
Joined
·
15,424 Posts
The key is the first item you listed in your first post. You can own any class III weapon or "device" with the required permit. An auto sear is just such a device and must be accompanied by the required permit.

--Wag--
To be clear, in the eyes of the BATF, if you own the device, you own the weapon. In other words, there is no lesser penalty for owning a full-auto sear, hammer, trigger, disconnector or bolt assembly as there is for owning the assembled weapon.
 

·
Super Moderator
Joined
·
11,371 Posts
Very true. A $10 part can get you in prison as fast as a $10,000 gun.

--Wag--
 

·
Super Moderator
Joined
·
11,371 Posts
I guess I meant $10 worth of metal and labor. :)

--Wag--
 
1 - 14 of 14 Posts
Top