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What if I, theoretically...

0oAKo47o00oAKo47o0 Member Posts: 454 ✭✭✭
edited July 2018 in Ask the Experts
Inherit an unregistered machine gun? Pre 86 war-time bring back. Is there any possible way to get it legal? What would you do?

Comments

  • spiritsspirits Member Posts: 363 ✭✭✭
    edited November -1
    Interesting "Theoretical Question"

    Goggled the question and the ATF has an answer.

    Section 3.3 Status of unregistered firearms

    Firearms not lawfully registered as required by the NFA may not be registered and legitimized by their possessors. They are contraband and unlawful to possess.49 However, see Section 2.4 for information
    on removing NFA firearms from the scope of the NFA because of their status as collectors? items, modification, or elimination of certain component parts.
  • NeoBlackdogNeoBlackdog Member Posts: 12,569 ✭✭✭✭
    edited November -1
    I dang sure wouldn't be asking any theoretical questions on an online forum about it.
    A good attorney with an understanding of the myriad gun laws might be a better place to look.
  • 11b6r11b6r Member Posts: 16,725
    edited November -1
    Regrets. Unless the gun was papered by May 1986, unless you are a Law enforcement AGENCY, or a Military force, it cannot BE papered. It is contraband, and must be surrendered to the BATFE.
  • rufe-snowrufe-snow Member Posts: 18,517 ✭✭✭
    edited November -1
    I believe there is some way, to donate it to a, "LEGITIMATE", museum.

    Just recently, I toured a newly renovated military museum. That is located at the Coconino County fairgrounds, in Flagstaff AZ. They have a bunch of machine guns. The guide who was escorting us. Said that some were donated. Probably deactivated? But I don't know for sure?
  • fordsixfordsix Member Posts: 8,722
    edited November -1
    they did have an amnesty one time but to late now ..grease it and bury it and wait for the cival war
  • perry shooterperry shooter Member Posts: 17,390
    edited November -1
    Don't want to butt in h0wever if a person many years ago had a lettered item as legal and misplaced said letter/paperwork/ can he ask for the paperwork from BATFE to get a replacement of the paperwork and will this information be transferred from BATFE[?][?][?][?] to this person
  • us55840us55840 Member Posts: 31,592 ✭✭✭✭
    edited November -1
    quote:Originally posted by 11b6r
    Regrets. Unless the gun was papered by May 1986, unless you are a Law enforcement AGENCY, or a Military force, it cannot BE papered. It is contraband, and must be surrendered to the BATFE.


    And so, should a person have such an 'illegal' piece, what happens when they "surrender to the BATFE?" Prosecution for possession?

    [?]
    "This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or exercise their revolutionary right to overthrow it." Abraham Lincoln
  • Ricci WrightRicci Wright Member Posts: 9,670
    edited November -1
    I have never owned an automatic weapon but if I found one at a dead relative's home I think I would take a band saw and cut it in half.This would make it legal would it not?? I know there are 5 MP5's belonging to a police dept. that I was told would have the receivers cut and the rest would be sold as parts. I don't know if the auto sears can be sold or not.
  • 11b6r11b6r Member Posts: 16,725
    edited November -1
    Ricci- the ATF has advised of a specific protocol for destruction of a firearm. It involves flame cutting (not saw cutting) of specified areas of the receiver into 3 pieces. There were too many saw cut guns showing up rewelded. MOST other parts are just parts and may be resold, but dance VERY lightly around a full auto sear. Special treatment of parts that permit "readily convertible to full auto" operation.


    Following the concept of "I found an unregistered MP-40 in my deceased uncle's closet..." that happens more often than you would think. Executor of estate notifies BATFE, secures and retains gun until surrendered to BATFE. BATFE has not been prosecuting an innocent executor that is attempting to surrender discovered contraband.


    IF a museum has a military connection (some do, like the USMC Museum, Infantry Museum at Benning, etc) it MAY be transferred to them.

    Original question- what would you do? My answer- be very careful not to sprain wrist while dialing BATFE. Penalty for possession of unregistered full auto is 10 years, $10,000 and a felony that will cost me right to possess ANY firearm- not to mention loss of my girlish laughter. And no, it cannot be made legal after the fact.
  • Ricci WrightRicci Wright Member Posts: 9,670
    edited November -1
    Thank you for the info Sir.
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