Transporting NFA firearms
In terms of moving the weapons around, the following applies. If you are transporting the weapons within your state, it is wise to keep a photocopy of the registration paperwork, whatever it is, (can be Form 1, 2, 3, 4, 5, or 10, as well as other more exotic forms of registration, except you probably would never have a gun on a Form 10, unless you were the police, in which case no one is likely to hassle you about a gun you might have anyway) with the gun. Federal law does not expressly require it, but it would be foolish not to have ready proof the gun is legal. Many states do require it, they ban all or some NFA weapons, and exempt from the ban those possessed in compliance with federal law. In such a state you need the federal paperwork to be legal under state law. If you were a SOT you should keep a copy of your proof of being an SOT with the paperwork when you move the guns around. But an individual who surrenders his SOT can still have weapons that will be registered on a Form 2 or Form 3 legally, so not having a copy of the SOT with such paperwork proves nothing. You need not ask ATF for permission when you move to a new address within the same state, nor must you advise them of your new address.
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ATF takes the position that this includes any combination of parts from which a short barreled rifle can be assembled. And they said this included a set of parts with dual uses. In the Supreme court case of Thompson/ Center Arms v. US, – U.S. – (1994) ATF said it was a set consisting of a receiver, a 16″+ barrel, a pistol grip stock, a shoulder stock, and a barrel less than 16 inches long. The idea of the kit was that you needed only one receiver, and you could have both a rifle and pistol in one gun. While making a pistol out of a rifle is making a short rifle, ATF has long approved of converting a pistol into a rifle, and then converting it back into a pistol, that was not an issue. T/C made one set on a Form 1, then sued for a tax refund, claiming the set was not a SBR, unless it actually was assembled with the shoulder stock, and short barrel, something they instructed the purchaser of the set not to do. The Supreme court disagreed with ATF, and agreed with Thompson/Center.
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Title II (All)
In addition, if one is also a SOT, ATF claims to have the right to enter onto your business premises, during business hours, to verify compliance with the NFA. Their regulation to that effect is found at 27 CFR sec. 179.22. The regulation is apparently based upon 26 USC sec. 7606:
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Therefore, if one has a semi-auto HK-91, and an HK-93 converted with an auto sear, and having a barrel less than 16 inches, one may not remove the sear from the HK-93 and put it on the HK-91. That would leave the semi-auto pack from the HK-91, and the receiver/barrel combination from the HK-93; a set of parts for assembling a rifle, and said rifle would have a short barrel, and further not be registered. I think that if one disposed of all trigger packs one had, except the one the sear was in, one could legally swap it between the rifles, without having to register the HK-93 as a SBR. The leftover HK-93 receiver and barrel setup would not be capable of firing a shot, with the parts in the possession of the owner, except with the sear converted pack, and using that on it would be OK. HOWEVER, I think ATF would disagree, would probably claim the resulting half of a gun was an “unservicable” short rifle or some other non- sense, and would prosecute should such an arrangement be attempted. If someone is serious about doing this, they need to ask Technology Branch if they will go along with the reasoning outlined. If they didn’t, one would need to sue, rather than have to fight it in a criminal, rather than civil, context.
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However, if one is a FFL holder, one is required by law to report the theft or loss to both local law enforcement and ATF. As part of PL 103-322 (Crime Bill) (9/13/1994), 18 U.S.C. sec 923(g) was amended to require, “(6) Each licensee shall report the theft or loss of a firearm from the licensee’s inventory or collection within 48 hours after the theft or loss is discovered, to the Secretary and to the appropriate local authorities.”
[see 18 USC sec. 923(a), also ATF Form 7 and Form 7CR]
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Note: these the ones that I know about; there are undoubtedly others of which I am not aware.
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Surefire LED Flashlights
7342. Penalty for refusal to permit entry or examination. Any owner of any building or place, or person having the agency or superintendence of the same, who refuses to admit any …
Modern Firearms – Sniper Rifles – Intro
Modern sniper rifles last updated: 26 jan 2001 . The main purpose of the sniper rifle is to destroy valuable targets at extended ranges with aimed fire, and with as few ammunition …
Aimpoint Scopes
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FN P90 personal defense weapon / submachine gun (Belgium) FN P90 personal defense weapon / submachine gun in basic configuration, left side. FN P90 personal defense weapon …
Modern Firearms – Machineguns – FN Minimi / M249 / Mk.46 mod.0
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Ingram MAC Model 10 / M10 and Model 11 / M11 submachine guns (USA) Ingram M10 in .45ACP caliber, as made by MAC, with stock extended Ingram M10 in 9x19mm caliber, as made by MAC …
NFA Branch desires that folks who install sears into guns where the sear is not very accessible, HK guns in particular, tell them the make, model and serial number of the gun into which the sear is installed. This makes it easier on them, as they do not have to open the gun up to see the sear, if they know that gun is the one with the sear in it. This is called “marrying” the sear to the gun. It is especially useful when the host semi-auto has been modified so as to make it potentially illegal without the sear, like putting a shoulder stock on an H&K SP-89 pistol, or cutting the barrel of an HK-94 to less than 16 inches. You may “divorce” the two, but don’t if the host gun will end up an unregistered short barreled rifle, or other unregistered NFA weapon. Often this marriage info is in box 4(h) on the Form 4, so anyone who looks at the paperwork can see the sear is in that gun; local law enforcement, for instance.
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AR15 Accessories
The case is something to which you can point a CLEO who claims to refuse to do the signoff because of liability. Incidentally Stephen Halbrook, a leading lawyer in gun rights cases …
26 U.S.C. sec. 5845(f) “The term destructive device means:
1) any explosive, incendiary or poison gas
A) bomb
B) grenade
C) rocket having propellant charge of more than four ounces
D) missile having an explosive or incendiary charge of more than one-quarter ounce
E) mine, or
F) similar device
2) any type of weapon by whatever name known which will, or may be readily converted to, expel a projectile by the action of a explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary or his delegate finds is generally recognized as particularly suitable for sporting purposes; and 3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled. The term ‘destructive device’ shall not include any device which is neither designed nor redesigned for use as a weapon; any device although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device; surplus ordnance sold, loaned or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685 or 4686 of title 10 of the United States Code; or any other device which the Secretary of the Treasury or his delegate finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.”
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Likewise an M-1 carbine receiver and an M-2 carbine receiver are identical, and all the parts to convert a gun from an M-1 to an M-2 are available on the surplus market. HOWEVER having all the parts, and an M-1, or even just some of the M-2 parts together, is a machine gun under the NFA. While the US Supreme court decision in the Staples case should help to protect truly innocent possessors of such things, you are playing with fire.
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The statute of limitations on violations of the NFA is three years, with the possibility of extension of that time to six years for some wilful violations. See 26 USC sec. 6531. The statute of limitations does not begin to run on possession offenses until the possession stops. As long as you possess the contraband item, you are in danger of being prosecuted.
[see 18 USC sec. 923(a), also ATF Form 7 and Form 7CR]
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AK-47 Stocks
A registered sear is not a license to use it to convert any gun you wish. BATF takes the position that installing a HK sear in any gun but an HK, or a HK clone gun (like one of the …
