Posted: 8/15/2014 4:24:49 PM EDT
[#9]
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ATF has addressed this - if the resultant firearm does not fire automatically, it's not a machinegun, and without testing a particular firearm that has been assembled with an M16 FCG, they do not categorically classify all AR-15s with M16 FCG parts as machineguns. However, the ATF also warns that they're pretty certain they can cause any semi auto AR-15 with a full M16 FCG installed to do just that; and they've only got to get it to slamfire once to make their case...
So basically, it's legal unless you get caught being not legal with it. See US v. Olafson, and either don't do it, or make sure you never get caught with such a rifle doubling on you. View Quote View All Quotes View All Quotes Quote History Quoted:
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If this is the case, then an M16 FCG installed would not violate NFA rules, as long as there is no auto sear (or AS pin hole), or a DIAS installed or readily available?
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I never understood this.
There is clearly an NFA publicized ruling stating specifically that M16 BCG are not to be installed in an AR15.
Not a ruling - phrased as "IMPORTANT INFORMATION CONCERNING AR-15 TYPE RIFLES" and advising against assembling a semi auto with unmodified full auto fire control parts and unmodified full auto bolt carrier. As a suggestion it does not have the force of law behind it as it would if it were an official ruling.
The position of the ATF has always been that the combination is only illegal if it results in a gun which fires more than once per pull of the trigger. Over time, ATF has decided that a full auto bolt carrier, by itself, will not result in an illegal combination, despite their 30-year old guidance advising otherwise.
ATF has addressed this - if the resultant firearm does not fire automatically, it's not a machinegun, and without testing a particular firearm that has been assembled with an M16 FCG, they do not categorically classify all AR-15s with M16 FCG parts as machineguns. However, the ATF also warns that they're pretty certain they can cause any semi auto AR-15 with a full M16 FCG installed to do just that; and they've only got to get it to slamfire once to make their case...
So basically, it's legal unless you get caught being not legal with it. See US v. Olafson, and either don't do it, or make sure you never get caught with such a rifle doubling on you.
This bears repeating.
Mere possession of M16 fire control parts and a semi-auto AR can trigger seizure of the lot, then subsequent installation and testing under Constructive Possession. They do not need to be installed in the gun. As stated, if they can get the resulting firearm to fire just twice, even if it jams on the third, then they have you.
Do not possess much less install M16 fire control parts in your semi-auto. A bolt carrier is fine, but leave the other parts semi-auto.
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