I purchased a fleming sear in a host HK94 that was remarked as MP5-N. The sear is married to the gun and my plan is to divorce it once the transfer to me is approved.

ATF placed my transfer in problem status because my examiner says that item 4b should read "MG" and not auto sear. The present form for the item reads auto sear and the item description below states it's installed in HK MP5-N serial # XYZ123. ATF says that the way it was previously registered was incorrect and they want me to send pics of the host and its serial numbers to make sure it isn't a separate NFA item that is not registered.

I explained that since they're married right now and I know not to take the sear out that this is why I do not want to register the entire item as a MG rather than an autosear. Basically, I fear that I could somehow limit myself to not being able to divorce the sear from the host. The examiner said she wanted pictures of the gun and serial number of the host just to confirm it was never registered as a MG or SBR before and "for [my] peace of mind". Seems very strange, maybe just an inexperienced examiner.

Any problem changing the auto sear description to MG? The examiner took what I believed to be a simple issue and complicated it.

I don't have a definite answer but I just bought a Fleming sear in a MP5SD host. The current F4 reads "Machine Gun Sear" with HK as the make. I'm planning on submitting my F4 that way. Don't know if that's the correct way either.

In my experience Ive found it best to just copy what is on the form exactly and i do whatever it takes to make they ATF happy so if they wanted the wording changed slightly have at it. As long as its clear that you MP5 will be divorced into a registered sear and a SBR host.

No the problem as you found out is when you put autosear down instead of machine gun. It is a machine gun. That is what should be used. autosears have no legal meaning. The examiner is correct. They are making a big effort to correct previous errors.

Mine was papered as a machine gun sear, mfg Fleming.

It was in an SD host, I divorced the host some time later and sold it.

Hopefully there will be no problems when I sell the sear when I'm good and ready.

You can remove the sear for cleaning, taking a picture etc. Just pull the sear and take a picture of it showing the serial number, nothing hard about that assuming you know how to pull down a HK trigger pack.



 

These problems occur when some one changes the original wording of the original form 4. The examiners used to not really check but after the MAC serial number fraud, nothing can be altered.

Tip: When transferring, make sure to copy the text from the previous F4 exactly for a smooth transfer.

Yeah, that is what he did.

I know, it's just a piece of advice. You have no idea what the previous owner changed, however. If you are laying out a lot of money. sometimes a FOIA request would be warranted to make sure you are not going to get screwed due to paperwork errors.

I'm in a somewhat similar situation.  For estate planning, I'm transferring a Vector Uzi from my ownership as an individual to a trust.  I did a FOIA request back when I first bought the gun.  For the currently pending transfer,I was knowledgeable enough to know that three caliber registration shown on my current Form 4 was no longer permitted so I entered "9 mm" as a sole entry.  However, entering the overall length that was on the two immediately prior transfers led to an Error Notice.  The examiner wanted one of the three other lengths which had been used on prior transfers.  An easy fix, but a lesson that simply copying the last transfer information still may lead to an Error Notice.

FWIW, I'm 15 months into waiting for the response to another FOIA request.  I did get the letter saying my request was received.  From what I've read elsewhere, two years or more is typical now.

MHO, YMMV, etc.

So is 3 cal registration for MG Sears not good either? I'm doing my paperwork for a HK sear and it's currently listed as 9mm, 223, 308. If I only list one cal can I still use it in other cals?

Really, a machinegun conversion device, which still falls under the legal definition of a machinegun, should not list a caliber, any more than it has a barrel length.  We'll just have to wait and see what ATF does over time as they attempt to clean up the registry, in relation to caliber listings for machinegun converison devices.

I just transferred a Hk sear.  The prev form to me many years ago had MG and not sear as well as 3 calibers listed.  When I sold it last month, I listed it exactly as before, as a MG and in all 3 calibers.   It was approved in 5 weeks to a SOT.

Thanks for the help. I submitted my F4 with all three calibers listed. I'll see what happens.

I'm not an expert but I thought you couldn't "divorce" a sear that was married to the host. Wouldn't you then be creating one machine gun and one SBR?

The machine gun is already created. Yes you are making an SBR on Form 1.

I know this is apples and oranges but we have a spanish full auto broom handle that uses the mauser ammo and the transfer was jacked up because the atf said it had to be 9mm, no way it could be anything else.  I thik the ffl finally just gave up and changed the paperwork to 9mm so the moron could have her day.

I am NOT an NFA Expert in any way but...

"auto sear" is not an NFA defined "type of firearm". I have to agree with ATF on this. Also, I think it would be in your best interest to have the auto sear formally recognized as a "machine gun" even if you have to paper the host separately as an SBR.