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machine gun question

joshmb1982joshmb1982 Member Posts: 8,228 ✭✭
edited November 2010 in Ask the Experts
i was talking with a few of the guys in GD and got me wondering if what id thought was wrong about them. i read the sticky about nfa items and i was always under the impression that "TRANSFERABLE" machine guns were the only ones legal for non military/police to own? Ant this was why prices were so high as theres a very limited number available.

Transferable. These guns were made AND registered prior to May 19,1986. These are the guns on the open market and are legal for sale and use by anyone.

But if thats true how come i see vids on you tube of people with full auto sig 556s and other newer design firearms? or is it theres just a common sear for these newer firearms and there using a pre-registered sear? Or are civilians allowed to buy new manufactured full auto firearms ?

Comments

  • iwannausernameiwannausername Member Posts: 7,131
    edited November -1
    Since LEOs can get them wiht a request letter to a SOT/C3 dealer, many have done that. In fact, I ran into a pair of guys from some small town PD that got a letter, bought a new DSA FAL in full auto, got some student loans by registering for classes at a community college, adn spend the $ on FAL food.

    A second option is to be a C3 dealer/SOT FFL and get a friendly LEO department to request demos on their letter head, that way *you* get them as part of your business for demo purposes.

    Finally, the US isn't the only country in the world and in some places it is easier to own full auto stuff....
  • NwcidNwcid Member Posts: 10,674
    edited November -1
    As stated Manufactures and SOT's can build/buy all kinds of stuff with "demo" letters. There are still rules they have to follow but they are very broad.

    Also there are TONS of NFA violations being shown on video sites, along with stuff not from the US.
  • nmyersnmyers Member Posts: 16,888 ✭✭✭✭
    edited November -1
    Hopefully Mark will give us his opinion, but I do not believe that an individual LEO can get a post-1986 full auto, transferable or not. An LEA can, but not an LEO.

    Neal

    "Show it to me in black & white, & I'll take your word for it." --- Neal

    EDIT: Yes, Law Enforcement Agency. From ATF P5300.4--

    Machine Guns
    ? 479.105 Transfer and possession
    of machine guns.
    (a) General. As provided by 26
    U.S.C. 5812 and 26 U.S.C. 5822, an
    application to make or transfer a
    firearm shall be denied if the making,
    transfer, receipt, or possession
    of the firearm would place the maker
    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, or possession
    by or under the authority of,
    the United States or any department
    or agency thereof or a State, or a
    department, agency, or political
    subdivision thereof; or any lawful
    transfer or lawful possession of a
    machine gun that was lawfully possessed
    before May 19, 1986. Therefore,
    notwithstanding any other
    provision of this part, no application
    to make, transfer, or import a machine
    gun will be approved except
    as provided by this section.
    (b) Machine guns lawfully possessed
    prior to May 19, 1986. A
    machine gun possessed in compliance
    with the provisions of this part
    prior to May 19, 1986, may continue
    to be lawfully possessed by the
    person to whom the machine gun is
    registered and may, upon compliance
    with the provisions of this part,
    be lawfully transferred to and possessed
    by the transferee.
    (c) Importation and manufacture.
    Subject to compliance with the
    provisions of this part, importers and
    manufacturers qualified under this
    part may import and manufacture
    machine guns on or after May 19,
    1986, for sale or distribution to any
    department or agency of the United
    States or any State or political subdivision
    thereof, or for use by dealers
    qualified under this part as sales
    samples as provided in paragraph
    (d) of this section. The registration of
    such machine guns under this part
    and their subsequent transfer shall
    be conditioned upon and restricted
    to the sale or distribution of such
    weapons for the official use of Federal,
    State or local governmental
    entities. Subject to compliance with
    the provisions of this part, manufacturers
    qualified under this part may
    manufacture machine guns on or
    after May 19, 1986, for exportation
    in compliance with the Arms Export
    Control Act (22 U.S.C. 2778) and
    regulations prescribed thereunder
    by the Department of State.
    (d) Dealer sales samples. Subject
    to compliance with the provisions
    of this part, applications to
    transfer and register a machine gun
    manufactured or imported on or
    after May 19, 1986, to dealers qualified
    under this part will be approved
    if it is established by specific information
    the expected governmental
    customers who would require a
    demonstration of the weapon, information
    as to the availability of the
    machine gun to fill subsequent orders,
    and letters from governmental
    entities expressing a need for a
    particular model or interest in seeing
    a demonstration of a particular
    weapon. Applications to transfer
    more than one machine gun of a
    particular model to a dealer must
    also establish the dealer's need for
    the quantity of samples sought to be
    transferred.
    (e) The making of machine
    guns on or after May 19, 1986.
    Subject to compliance with the provisions
    of this part, applications to
    make and register machine guns on
    or after May 19, 1986, for the benefit
    of a Federal, State or local governmental
    entity (e.g., an invention for
    possible future use of a governmental
    entity or the making of a weapon
    in connection with research and
    development on behalf of such an
    entity) will be approved if it is established
    by specific information that
    the machine gun is particularly suitable
    for use by Federal, State or
    local governmental entities and that
    the making of the weapon is at the
    request and on behalf of such an
    entity
  • joshmb1982joshmb1982 Member Posts: 8,228 ✭✭
    edited November -1
    quote:Originally posted by nmyers
    Hopefully Mark will give us his opinion, but I do not believe that an individual LEO can get a post-1986 full auto, transferable or not. An LEA can, but not an LEO.

    Neal

    "Show it to me in black & white, & I'll take your word for it." --- Neal


    LEA.. law enforcement agency?
  • iwannausernameiwannausername Member Posts: 7,131
    edited November -1
    Y'all are correct - only the agency can buy stuff as a demo/sample

    Of course, with a small agency, and everyone helping eachother out, it happens. Same with training agencies...
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