Taking possession of "illegal" Class III

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  • Narco

    0-60 in 5.11
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    I dont know what bothers me more. Brannon playing :ghey: or Spanky knowing where to find gay friends :dunno:

    The fact that folks are still thinking about it bothers me more... While Brannon and I are close we have not brought our relationship to that snap crackle pop mountain.
     

    thomjb

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    May be repeating but a most FA M-16's have a third pin hole in the receiver for the sear.
    Yes there are several types of drop in sears that will work with receivers that do not havfe this hole. If it has a sear pin hole it is a FA lower and unless registered, it is a NO GO.

    Wished I would have bought some before the 86 bill passed....
     

    Tim67

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    So if gramps had a vietnam era M16 in the atttic, i could change out the sear and be legit?
    No; once a full auto, always a full auto as far as the receiver is concerned. You would be OK using all the parts that are identical to those on semiauto rifles (AR15 SP1 configuration) except the lower receiver since it was recorded by the manufacturer as a machinegun and will always be one in the eyes of the ATF even if you rebuild it as a semiauto. If you "find" an "un-papered" full auto, the best thing to do is part it out and turn in the receiver-unless it was a semiauto converted using an aftermarket, drop-in auto sear. In that case, the auto sear is the NFA item that has to be registered. As far as I know, there is no paper connection between that auto sear and the receiver it was in. The parts for an original full auto can be sold as replacement parts to someone who has a legal gun. I wouldn't want to possess M16 fire control parts and an AR15 at the same time. Correct me it I'm wrong, but I seem to remember that the M16 bolt carriers in AR15s are kind of a "gray area" item.
     
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    Tim67

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    Gotcha. I was just wondering if there was some kind of grace period or something for "finds" like war relics and such.
    Only if the last owner died and bequeathed it to you or you were otherwise found to be the rightful heir.
     

    Nolacopusmc

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    Only if the last owner died and bequeathed it to you or you were otherwise found to be the rightful heir.

    Wait, do you have anything to back that up?

    So if gramps stated in his will that I was to have all his guns, and one of them happens to be a Vietnam M16 full auto, then I can then register that one?:eek3:
     

    GWB

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    The parts for an original full auto can be sold as replacement parts to someone who has a legal gun. I wouldn't want to possess M16 fire control parts and an AR15 at the same time. Correct me it I'm wrong, but I seem to remember that the M16 bolt carriers in AR15s are kind of a "gray area" item.

    You can have, and sell all the M16 replacement parts that you want. (except the stripped lower, this would HAVE to be turned in) Owning an AR, and having a safe full of FA fire control parts is in no way a violation of NFA, as long as the parts were not installed in the AR. Having ONLY the trigger, and hammer installed in your AR is a "grey" area, because they alone do not allow the weapon to fire on FA. The bcg is not an issue, it is just a part. You can buy one anywhere. Having the hammer, disconnect, trigger, and safety installed is a direct vilotation of NFA, as this configuration would allow you to shoot FA(although in a VERY UNSAFE way of allowing the the hammer to just follow the bolt, and "slamfire" each round, taking a serious risk of the round detonating before the bolt was completely closed) The sear will not fit in an AR lower without machining, and drilling being done to the lower. if you would have to go to court on a machine gun charge, the main question is "could the weapon fire more than one round with a single pull of the trigger" if the answer is NO, you will walk on the maching gun charge. Because that is how the ATF defines a machine gun. My limited class 3 info comes from my class 3 dealer, and a very helpful lady at the Atlanta ATF named Jennifer.
     
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    buttanic

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    Several years ago, possibly more than several maybe around 1986, the ATF opened a grace period where war souvenir machine guns and machine guns that were in a family's possession prior to the 1936 NFA could be registered and the tax paid. I don't think it is currently in effect and hasn't been for a long while.
     

    bs875

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    Several years ago, possibly more than several maybe around 1986, the ATF opened a grace period where war souvenir machine guns and machine guns that were in a family's possession prior to the 1936 NFA could be registered and the tax paid. I don't think it is currently in effect and hasn't been for a long while.

    NFA was 1934.

    M16 receivers have a third hole for the auto sear so they can never be anything other than a machine gun part. I can't speak to the other M16 parts.
     

    Alpo

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    Several years ago, possibly more than several maybe around 1986, the ATF opened a grace period where war souvenir machine guns and machine guns that were in a family's possession prior to the 1936 NFA could be registered and the tax paid. I don't think it is currently in effect and hasn't been for a long while.

    That amnesty was in 1961, I believe. Early 60s, anyway. Several years ago.
     

    Alpo

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    Wait, do you have anything to back that up?

    So if gramps stated in his will that I was to have all his guns, and one of them happens to be a Vietnam M16 full auto, then I can then register that one?:eek3:

    If gramps stated in his will that you were to have all his guns, and one of them was a full auto M16, then you can transfer the registration from him to you for free (no 200 dollar tax).

    If the full auto M16 in the attic had never been registered to gramps, then it was (when he was alive) and still is, contraband. There is no way to register it.

    If a machinegun is not in the registration, there is no way to register it. Nothing since May of '86. Before that, you could build a gun and register it, or you could buy a new- made gun, but even then, if you found an unregistered gun you were SOL.
     

    Red Jacket

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    Been watching that show "Storage Wars". it got me to thinking (step back, don't want anyone getting hurt ;) )

    Say I win one of these storage units or some kind of estate sale and there is a Class3 item like a NIB full auto MP5....is there a way for me to register it legally and keep it?

    What if grandpa has a war souvenir M16 in the attic?


    Lastly, if Bubba down the street decided to make an SBS, will it forever be illegal, or is there a method in place for him to become righteous and for me to buy it from him?

    I've had dozens of phone call's over the years where this has happened . Free advice to anyone reading this . Don't touch it [ you're contaminating a crime scene ] Call local law enforcement immediately and have them remove the item which the possession of is a mandatory 10 year Fed. prison sentence . It'll never be " legal " .
     

    Tim67

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    Wait, do you have anything to back that up?

    So if gramps stated in his will that I was to have all his guns, and one of them happens to be a Vietnam M16 full auto, then I can then register that one?:eek3:

    No. You can't register it. If he owned it legally you can receive it, but you'll need the help of an attorney who specializes in successions (not secessions) and having a class III dealer on hand won't hurt. You can't register a full auto that wasn't already registered in May, 1986. Every legal-to-transfer full auto that ever will exist, exists now. I remember when that deadline was approaching, Cobray turned it's entire production over to receiver flats so they'd have as many registered as possible before they finished them.
     
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    Tim67

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    ... the main question is "could the weapon fire more than one round with a single pull of the trigger" if the answer is NO, you will walk on the maching gun charge. Because that is how the ATF defines a machine gun. ...

    How about an AR that fires once when the trigger is pulled, and once again when it is released? I have a friend who built an AR with an EA stripped lower and Bushmaster parts set that did that. He stripped it down and couldn't find anything wrong, reassembled the rifle and never had the problem again.
     

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