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class III question
lorenolson888
Member Posts: 4 ✭✭
A fellow came in today with a legal dewat ($5. tax stamp?).
He is keeping it, but the question came up as to rewatting it. I didn't know and none of my pubs spelled out whether it can be done.
My question/s;
1. Can it be rewatted?
2. Anyone or Class II only to do the work?
3. What forms and what tax to be paid if any?
Monday ATF will be in the office, but I am curious about it now.
Thanks
What men call a hero...is merely a man who is seen doing what a brave man does as a matter of course.
A man who is in love with learning is a man who is never without a bride, for there is always more. L'Amour
He is keeping it, but the question came up as to rewatting it. I didn't know and none of my pubs spelled out whether it can be done.
My question/s;
1. Can it be rewatted?
2. Anyone or Class II only to do the work?
3. What forms and what tax to be paid if any?
Monday ATF will be in the office, but I am curious about it now.
Thanks
What men call a hero...is merely a man who is seen doing what a brave man does as a matter of course.
A man who is in love with learning is a man who is never without a bride, for there is always more. L'Amour
Comments
Most people ask about making a semi into a full... I am asking about the opposite. I am trying to save a beatiful gun from the abrasive cutoff saw.
If a particular C3 can only be owned by Law enforcement (post 86), Some SOT Class III dealers will demill the gun if there is no law enforcement marketplace so they can sell the non reciver parts to the civilian market.
For some receivers that are easy to convert to a true semi auto config is there any legal way to legally convert a Class III post 86 gun to a semi auto gun... in terms of the law...
For the gun in question a tig welder and a small peice of steel and about an hour of time would convert the gun in question to be identicle to it semi auto brother... and the gun would meet ATF spec so long as the other non reciver parts were modifeid or replaced with semi parts...
Is there some sort of once a machine gun always a machine gun rule? If the gun were an import would it be harder for ay reason?
LO
I thought that full auto parts require paperwork with or without a receiver [?]
Sorry
The best that can be done is to torch the receiver and rebuild on a semi receiver
Once ATF recognizes an individual receiver as "full auto" (by serNo), that particular receiver is OK for posession by the general (non class III) public after the de-milling to ATF specs. I don't know of an ATF approved de-mil that doesn't render the receiver completely inoperable.
The auto parts-kits you see available are for you to assemble. The assembly requires a receiver that you supply that started life, again approved by ATF, as semi-auto only.
Best course of action:
Destroy the receiver. Get rid of it. Buy an ATF approved semi-auto receiver to use in assembly of the remaining parts. Make sure the barrel is >16" total length, however. Joe
I do not know what gun(s) you are talking about but by replacing the serial numbered part, usually a receiver, you could use most of the other parts to make a legal semi auto.
I am just going to use a M16 for example. You could "destroy" the current lower receiver and replace it with a new AR-15 one (about $100). You would have to change out the fire control group too but this can be done for less then $50. You would then have a legal semi auto and the "machinegun" would be legally destroyed.
I know there are tons of MG out there and not all are that easy to convert, but it might be worth it to look into it. If you let us know what kind of gun you are talking about we could be more help.
look on their web site. i am sure they have a number that will put you in contact with someone who can offer advice and the actual case law. that way if at some point you do make this conversion and the ATF complains you have proof that you went through the right channels.
but on the same note i must agree with the other posters that it is prob. illegal to convert and even if you did, since the receiver would easily be converted back to a full auto, it would still have to b e registered under a class III ATF form
There is no point in calling ATFE for an opinion. Even ATFE will tell you that the only determination that counts is one in writing from the Chief, Firearms Technology Branch, ATFE.
You are not in possession of the gun in question. So, you have no say in what becomes of it.
Post-86 machine guns are subject to the restrictions of 18 USC 922(o) and must be transferred to a law enforcement agency for official use or to another qualified NFA dealer as dealer sales samples in accordance with 27 CFR 479.105(d). The only alternative is seizure/forfeiture.
Neal
There is no way to salvage a post-sample receiver. Chop it. Make sure that whoever the C2/3 who currently has it in their inventory saves the SN plate in case they are inspected. Also, they need to send a letter telling ATF how the device was destroyed so that it can be removed from the NFRTR.
As the MK Arms fiasco showed, wherein a bunch of rewelded M14 receivers were rewelded without the lug which allowed the full auto trip rod to work, thereby making them nearly impossible to revert to select-fire...then ATF went around, persuant to the above mentioned rule and confiscated them, and later destroyed them, ATF can stretch this rule a long way.
D.