Post-86 Machineguns legal for Trusts?

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  • rtruhn

    Active Member
    Sep 12, 2013
    563
    Gwynn Oak
    If this ends up being a thing ... Man. I'd buy an M1 carbine, another G19, another Engage E4, and Form 1 MG convert them all. I'd also consider converting my JRC. Happy (switch) days are here again!

    Not to mention the SIG 9mm PDW-type pistol if it ever gets approved...
     

    campns

    Ultimate Member
    Mar 6, 2013
    1,191
    Germantown, MD
    I'm going to fill out a Form 1 for a M.G. tonight for one of my PSA Lowers. I'm not worried about the rejection.

    Chad,

    when you fill out that form are you going to include plans or are you just going to submit the form 1 in the Caveat that this is what your going to do to your PSA lower.

    And if i'm reading this right you have to have a current NFA trust for this all to work, Right?
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    Chad,

    when you fill out that form are you going to include plans or are you just going to submit the form 1 in the Caveat that this is what your going to do to your PSA lower.

    And if i'm reading this right you have to have a current NFA trust for this all to work, Right?

    I will submit blueprints for the conversion (Drilling Auto Sear hole in Lower). Use I have a NFA Trust setup by GunTrustLawyer.com and Doug Warfel.
     

    smdub

    Ultimate Member
    MDS Supporter
    Nov 14, 2012
    4,665
    MoCo
    It would have been legal to build when they approved them. I would imagine it would be hard to justify confiscating/destroying private property that was approved by the ATF. They would probably grandfather them.

    :lol2::lol2::lol2::lol2::lol2::lol2: You haven't read much on the ATFs history have you? :lol2::lol2: Oh geez. I needed that laugh today. Good one Dr:thumbsup:
     

    A1Uni

    Ultimate Member
    Aug 28, 2012
    4,842
    Sigh....it is indeed wonderful to ponder, like that feeling you get when you are holding a Mega Millions lottery ticket and dreaming about what you would do with your winnings if your number came up, but I'll shave off my (and it took years to grow ;) ) beard if a single MG gets legally produced and past ATF scrutiny via this loophole.
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    I will submit blueprints for the conversion (Drilling Auto Sear hole in Lower). Use I have a NFA Trust setup by GunTrustLawyer.com and Doug Warfel.

    Just thought of it, but you were the one saying an approved ATF form approved by MSP and the ATF did not mean you were not breaking laws. Its funny you were so against the idea with SBRs but all over the MGs... the law was on your side with SBRs and the intent of the law is against you with the MGs...


    :lol2::lol2::lol2::lol2::lol2::lol2: You haven't read much on the ATFs history have you? :lol2::lol2: Oh geez. I needed that laugh today. Good one Dr:thumbsup:

    The Akins disaster was them reversing themselves on an approval letter, not an approved form 4 or 1 or 2. Back in 86 they had manufactures send in form 2s, which are notifications of manufacture, on things like AK47 sears. The ATF did pull these. However any that were installed in guns and sold were allowed to stay in the system. So if you can get an approved form back, there is a very good chance you will be grandfathered in rather then fight to take your property. That said I do think I remember hearing of a case where a Form 1 for a MG got approved post 86 by mistake, new examiner or something... then it was pulled later... put I can't remember for sure. Might have to look for that case.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    Just thought of it, but you were the one saying an approved ATF form approved by MSP and the ATF did not mean you were not breaking laws. Its funny you were so against the idea with SBRs but all over the MGs... the law was on your side with SBRs and the intent of the law is against you with the MGs...




    The Akins disaster was them reversing themselves on an approval letter, not an approved form 4 or 1 or 2. Back in 86 they had manufactures send in form 2s, which are notifications of manufacture, on things like AK47 sears. The ATF did pull these. However any that were installed in guns and sold were allowed to stay in the system. So if you can get an approved form back, there is a very good chance you will be grandfathered in rather then fight to take your property. That said I do think I remember hearing of a case where a Form 1 for a MG got approved post 86 by mistake, new examiner or something... then it was pulled later... put I can't remember for sure. Might have to look for that case.

    Yup, I did say that. BATFE can make mistakes and they do. Doesn't mean I will benefit because they didn't know State Law.

    Never said I was going to drill the lower nor did I say the Form 1 means its OK to build it based on MD Law or Federal Law. First hurdle is to see if it passes ATF scrutiny. Then I would consult an Attorney on how to proceed from there.
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,806
    Howard County
    Actually people messed up Form 1s in the past and the ATF has still allowed them.

    For instance, people had real HK receivers but registered the Sear and I believe some people also registered Uzi receivers even though the bolt should have been the part they registered. The ATF approved them and they are legal to this day.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    Some good reading in this guy's blog... I don't agree with everything he says, but rarely do I read a blog and think "I'd like to go have a beer with this guy."

    Joshua Prince is a legitimately cool guy, my boss and he are good friends.

    My sticking point seems to be this: Say a Trust is allowed to Form 1 a Machinegun, as they are not a person as defined by the GCA. The Approved Form 1 comes back. The Trustee converts the firearm into a machinegun on behalf of the trust. If we go by the logic of the letter, is a trustee, as an individual, still prohibited from possession of the machinegun not registered before the effective date of the subtitle? I have more reading to do, but it is certainly an interesting one. It would be a heck of a thing if the trust could legally make the machinegun, but no person could physically possess the thing.
     

    OrbitalEllipses

    Ultimate Member
    Jul 18, 2013
    4,140
    DPR of MoCo
    Joshua Prince is a legitimately cool guy, my boss and he are good friends.

    My sticking point seems to be this: Say a Trust is allowed to Form 1 a Machinegun, as they are not a person as defined by the GCA. The Approved Form 1 comes back. The Trustee converts the firearm into a machinegun on behalf of the trust. If we go by the logic of the letter, is a trustee, as an individual, still prohibited from possession of the machinegun not registered before the effective date of the subtitle? I have more reading to do, but it is certainly an interesting one. It would be a heck of a thing if the trust could legally make the machinegun, but no person could physically possess the thing.

    As a layman this is what I anticipate, given how certain other things have played out with gov't regulation before. "Yeah, the trust can make it...but it's not legal for anyone to possess it" sounds like exactly the way to exist between the lines of GCA and this opinion about trusts not being persons.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    I looked at some laws and think I'm going to hold off doing the M.G. on a F1. I think I'm going to send a letter of my findings to the Director or the BATFE so he can rule on this matter.

    Its the right thing to do.


    ha ha
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,847
    Bel Air
    I looked at some laws and think I'm going to hold off doing the M.G. on a F1. I think I'm going to send a letter of my findings to the Director or the BATFE so he can rule on this matter.

    Its the right thing to do.


    ha ha


    You bastard. Screwing me over again.....
     

    bobthefisher

    Durka ninja
    Aug 18, 2010
    1,214
    Definitely not where you are!
    Joshua Prince is a legitimately cool guy, my boss and he are good friends.

    My sticking point seems to be this: Say a Trust is allowed to Form 1 a Machinegun, as they are not a person as defined by the GCA. The Approved Form 1 comes back. The Trustee converts the firearm into a machinegun on behalf of the trust. If we go by the logic of the letter, is a trustee, as an individual, still prohibited from possession of the machinegun not registered before the effective date of the subtitle? I have more reading to do, but it is certainly an interesting one. It would be a heck of a thing if the trust could legally make the machinegun, but no person could physically possess the thing.

    Yeah, that's how I'm reading it, and I'm sure you're not alone. However, we'll never know until we try. Hell, I'm in it just to see a machinegun denial form, I'll frame it on my wall to remind me of our governmental oppression!
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,847
    Bel Air
    You can't talk to me like that! Im a paying customer.

    :D


    You'll pay alright, mister.

    ooo.jpg
     

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