Legal Questions Regarding NFA/Class III Firearms

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  • Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    Novus:
    Those ATF letters only apply if the host firearm's receiver was unmodified from its semiauto condition, and then it wouldnt be an MG reciever.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Novus:
    Those ATF letters only apply if the host firearm's receiver was unmodified from its semiauto condition, and then it wouldnt be an MG reciever.

    Yes, but it says that once a MG, not always a MG for the reciever in at least some situations. If the receiver was registered as a MG, then I can see the issue and it might be "once a registered MG, always a MG", but this is supposedly about unregistered firearms.
    So this suggests to me that once an unregistered MG reciever is permanently altered to semi auto only, I kinda doubt it is still considered a MG.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    It doesnt matter if its registered or not. If the reciever has been modified from the ATF-approved semiauto design in any way to facilitate fullauto fire, it can never be reverted to semiauto status.

    If the receiver was not modified (ie: DIAS or HK trigger pack), then it was always a semiauto reciever and the weapon reverts to semiauto status once the unregistered drop-in MG parts are tossed in the Bay.
     

    Jim Keenan

    Active Member
    Aug 16, 2008
    259
    Boy, this one comes up all the time. Someone is going through Granddad's stuff and finds his war souvenir MP.40. How can he legally keep it or sell it? Can he just weld it up? Can he get an OK from the cops or BATFE and keep it? Can he deactivate it some other way (cut in half)? Can he register it? Can he destroy it by cutting, crushing or throwing it in a lake?

    The answer to all the above is NO. Period. NO. That gun has exactly the same status as a kilo of heroin. It is contraband. The only legal thing an innocent person can do if he finds himself somehow in possession of contraband is to turn it in to the proper authorities. Period.

    Technically, he cannot destroy it, even if a deep lake is convenient, because that would be another law violation, destroying evidence of a felony.

    Of course, some smart people will continue to come up with clever schemes to "get around" (they say to obey) the law and build, make or "find" some kind of machinegun they can play with legally. But the government has some even smarter people who will try their best to put the loophole finder in jail. I am no fan of gun laws, unless the "I got a way" guy has zillions of dollars and a big legal team, I bet on the government to win, every time.

    Jim
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Boy, this one comes up all the time. Someone is going through Granddad's stuff and finds his war souvenir MP.40. How can he legally keep it or sell it? Can he just weld it up? Can he get an OK from the cops or BATFE and keep it? Can he deactivate it some other way (cut in half)? Can he register it? Can he destroy it by cutting, crushing or throwing it in a lake?

    The answer to all the above is NO. Period. NO. That gun has exactly the same status as a kilo of heroin. It is contraband. The only legal thing an innocent person can do if he finds himself somehow in possession of contraband is to turn it in to the proper authorities. Period.

    Technically, he cannot destroy it, even if a deep lake is convenient, because that would be another law violation, destroying evidence of a felony.

    Of course, some smart people will continue to come up with clever schemes to "get around" (they say to obey) the law and build, make or "find" some kind of machinegun they can play with legally. But the government has some even smarter people who will try their best to put the loophole finder in jail. I am no fan of gun laws, unless the "I got a way" guy has zillions of dollars and a big legal team, I bet on the government to win, every time.

    Jim
    If someone is breaking the law because they posses contraband, then they are technically breaking the law if they call the feds or not. Since we have the Fifth Amendment, one does not have to incriminate themselves and calling the feds puts them at risk of prosecution, so they cannot be required to call the feds.
    Then there is mens rhea (sp?). If the person had no ill intent to break the law it is harder to convict. If the person destroyed it in good faith, then I cannot see how they can be charged with anything unless they are caught with it before it is destroyed.

    Now the part of destroying evidence supposedly, well, unless it was used in treason or a murder, what felony? If someone brought it into the country illegally, made it illegally, or possesed it illegally before the person found it and it was years ago, then the statute of limitations ran out. Only a few felonies have no statute of limitations (like murder and I think treason, among a few others)

    I do agree with not wanting to risk things with the ATF though. But the ATF does not always win. Look at the Thompson Center case.
     

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