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Posted: 10/24/2001 5:41:51 PM EDT
[#1]
Posetion of full auto parts as well as the semi auto firearm is enough to get charged with intent to construct.
I am no lawer but this is how I understand it. |
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Posted: 10/24/2001 5:44:33 PM EDT
[#2]
Auto sears, lightning links, DIAS's are all illegal to merely possess if they are unregistered. Period. There is a link which explains this, as well as the one sold in Shotgun News (Pre-'81 Drop In Auto Sear with BATF letter--last chance). Anything not registered is illegal, period. Someone will no doubt provide the link shortly. Read it and, if you are smart, you will live by it. Good shooting!
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Posted: 10/24/2001 5:44:34 PM EDT
[#3]
Thanks for the advice...I'll steer clear of that one! I thought that was the law, but have heard conflicting reports.
-Chopperdave |
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Posted: 10/24/2001 5:45:30 PM EDT
[#4]
Here's what I found...
[url]http://www.atf.treas.gov/pub/fire-explo_pub/rulings.htm[/url] 27 CFR 179.11: MEANING OF TERMS The AR15 auto sear is a machinegun as defined by 26 U.S.C. 5845(b). ATF Rul. 81-4 The Bureau of Alcohol, Tobacco and Firearms has examined an auto sear known by various trade names including "AR15 Auto Sear," "Drop In Auto Sear," and "Auto Sear II," which consists of a sear mounting body, sear, return spring, and pivot pin. The Bureau finds that the single addition of this auto sear to certain AR15 type semiautomatic rifles, manufactured with M16 internal components already installed, will convert such rifles into machineguns. The National Firearms Act, 26 U.S.C. 5845(b) defines "machinegun" to include any combination of parts designed and intended for use in converting a weapon to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. Held: The auto sear known by various trade names including "AR15 Auto Sear," "Drop In Auto Sear," and "Auto Sear II," is a combination of parts designed and intended for use in converting a weapon to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. Consequently, the auto sear is a machinegun as defined by 26 U.S.C. 5845(b). With respect to the machinegun classification of the auto sear under the National Firearms Act, pursuant to 26 U.S.C. 7805(b), this ruling will not be applied to auto sears manufactured before November 1, 1981. Accordingly, auto sears manufactured on or after November 1, 1981, will be subject to all the provisions of the National Firearms Act and 27 C.F.R. Part 179. [ATFQB 1981-3 78] Editor's Note: Regardless of the date of manufacture of a drop in auto sear, possession of such a sear and certain M-16 fire control parts is possession of a machinegun as defined by the NFA. Specifically, these parts are a combination of parts designed and intended for use in converting a weapon into a machinegun and are a machinegun as defined in the NFA. (See "Important Information Concerning AR15 - Type Rifles on page 91 of this publication.) |
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Posted: 10/24/2001 5:46:44 PM EDT
[#5]
Unless that said "drop-in" (as in "drop in auto sear")is on a form 3 or 4, it is contraband.
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Posted: 10/24/2001 10:01:44 PM EDT
[#6]
But here is the catch (if I understand correctly).
If you do not own any firearms that can accecpt the "auto" part. You can have it. Example: Your neighbor has a lightning link, but has no firearms. He is legal. You have the firearms, but no "auto" parts, you are legal. Someone please correct me, if I am wrong. |
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Posted: 10/24/2001 10:08:36 PM EDT
[#7]
I attended a BATF/FFL seminar once.
I asked a question that silenced the whole room-- "So, let me get this straight...mere posession of an auto-sear is as good as having the whole select-fire gun, right?" It was a clarification question, but, it came off as A., I was a dumbshit, and B., we NEVER talk about THAT stuff. I was new to FFL. I was there with the BATF. I did not fear the BATF. I wasn't afraid to ask questions, which drew smiles from the BATF guys and sideways glances and glares from the other OLD FFL's. Geez. Yeah, if you got one, it better be "registered". It's the law. |
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Posted: 10/24/2001 10:08:59 PM EDT
[#8]
Quoted: But here is the catch (if I understand correctly). If you do not own any firearms that can accecpt the "auto" part. You can have it. I've heard that too...basically if you made your own "Lightning Link" paperweight, then in theory you're legal as long as you don't also have an AR-15 (even if they're not assembled). However, this theory is based upon the ATF's interpretation of the law...not the actual law itself. If the ATF were to change their interpretation even after years *cough*Maadi-Griffen*cough* then you're suddenly in a heap of trouble. |
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Posted: 10/24/2001 10:19:42 PM EDT
[#9]
Quoted: But here is the catch (if I understand correctly). If you do not own any firearms that can accecpt the "auto" part. You can have it. Example: Your neighbor has a lightning link, but has no firearms. He is legal. You have the firearms, but no "auto" parts, you are legal. Someone please correct me, if I am wrong. I'm pretty sure that if the hypothetical LL of your neighbor's (or DIAS) was NOT registered with the BATF (or whomever) prior to the magical 1986 date, then it's NOT okay to have (since the LL or DIAS is the actual machinegun) That's why those Pre '81 DIAS's with "BATF Letter" are illegal as well. -Gloftoe |
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Posted: 10/26/2001 3:32:51 AM EDT
[#10]
Quoted: But here is the catch (if I understand correctly). If you do not own any firearms that can accecpt the "auto" part. You can have it. Example: Your neighbor has a lightning link, but has no firearms. He is legal. You have the firearms, but no "auto" parts, you are legal. Someone please correct me, if I am wrong. That's wrong. An unregistered LL is an unregistered MG. The law is pretty straight forward, if you have a part or parts that are only used for the sole purpose of converting semi to auto, you can't have it (unless it's part of a registered NFA weapon of course). So, can you have an M-16 hammer? Sure, because, by itself, in your AR, it does not served to solely convert your AR to full auto. At any rate, my advice is don't have them, despite the above law, just to be safe. Why would you need it anyway? Exception: AR 9mm conversion usually requires an M-16 hammer, however, you can file down the "hook" on the back side so that it can't function in full auto mode. |
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Posted: 10/26/2001 3:36:02 AM EDT
[#11]
Quoted: ...basically if you made your own "Lightning Link" paperweight, then in theory you're legal as long as you don't also have an AR-15 (even if they're not assembled). AGAIN, this is WRONG. You would be committing at least two felonies, one for making an unregistered MG (without the proper license) and one for illegal possession of it when finished. If you were smoking crack at the same time, that's two more felonies . . . |
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Posted: 10/28/2001 8:59:36 AM EDT
[#12]
what about GI M16 surplus parts kits? like Tapco selling, they are all over ebay. They dont require anything special to order. The parts arent actually "designed and intended for use in converting a weapon to shoot automatically " they are parts from a full auto rifle. wouldnt "designed and intended for use in converting a weapon to shoot automatically " mean Drop in sears and lighting links? what if these people selling the tapco kits dont even own a gun at all?
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Posted: 10/28/2001 1:37:42 PM EDT
[#13]
Heck, I always wondered that myself. In the Bushmaster Catalog, to buy any M 16 part you need a FFL or Tax Stamp.
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