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Posted: 3/15/2022 3:35:16 PM EDT
[#1]
LOL
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Posted: 3/15/2022 3:37:08 PM EDT
[#2]
Either don't tell anyone and keep it illegally. Or tell the ATF and they will most likely take it. Doubt he'll be able to keep it. Doubt the gun was ever legally registered with the NFA. But if it was registered and is legal to own, then yeah sure there's a slim possibility he can keep it. I wouldn't bet on it though, ha
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Posted: 3/15/2022 3:39:29 PM EDT
[#3]
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Posted: 3/15/2022 3:42:52 PM EDT
[#4]
It's illegal. Best you can do is destroy it per atf regs and sell as parts or rebuild as a postie machibegun.
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Posted: 3/15/2022 3:43:23 PM EDT
[#5]
Before he does anything, strip everything from the bare receiver tube ........ the remainder of the (uncontrolled) parts are worth a few thousand dollars....
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Posted: 3/15/2022 3:44:21 PM EDT
[#6]
First read the "Found a MG in the attic" tacked thread.
Don't tell ATF. They'll take it for sure. I'd rather surrender it to a local agency instead of ATF. LE can register it on Form 10. So can any government museum (local, state, or federal). F10 sucks though, because once registered via F10, it can only be transferred to other government entities, not FFL/SOTs or anyone else. 07/02 shouldn't be registering it on F2 unless they just finished manufacturing a new receiver for it. First step is to look really hard and see if it's already registered. Even military "capture papers" from the war count as existing government registration. (ATF will add it to the registry as a transferable MG in that case.) Next best option is DEMIL into a parts kit. Only the receiver has to be destroyed. Everything else is unregulated. ATF will not tell you this; they'll ask for the whole gun to be surrendered. It's still worth a considerable amount with a destroyed receiver. |
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Posted: 3/15/2022 3:58:03 PM EDT
[#7]
Talking to ATF should be your last resort.
But then you posted about it so... they probably already know. |
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Posted: 3/15/2022 4:08:24 PM EDT
[#8]
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Posted: 3/15/2022 4:10:37 PM EDT
[#9]
Single saw cut and you found a really old parts set! Is he sure its a legit MP40 and not an MGC MP40?
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Posted: 3/15/2022 4:12:15 PM EDT
[#10]
Make sure it isn't the repro semi version.
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Posted: 3/16/2022 10:04:00 AM EDT
[#11]
Quote HistoryQuoted: Single saw cut and you found a really old parts set! Is he sure its a legit MP40 and not an MGC MP40? That's completely incorrect. Mgs have to be torch cut in 3 places. |
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Posted: 3/16/2022 10:34:18 AM EDT
[#12]
Quote HistoryQuoted: That's completely incorrect. Mgs have to be torch cut in 3 places. So maybe what the guy found was cut in half a long time ago? It can be hard to see the cut at first. |
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Posted: 3/16/2022 11:37:59 AM EDT
[#13]
Quote HistoryQuoted: For many years now yes, but a long time ago (after WWII) they could be single saw cut since that was the DEMIL standard at the time. So maybe what the guy found was cut in half a long time ago? It can be hard to see the cut at first. Quote HistoryQuoted: Quoted: That's completely incorrect. Mgs have to be torch cut in 3 places. So maybe what the guy found was cut in half a long time ago? It can be hard to see the cut at first. Yep the torch cut displacing 1/4" of material is a relatively new thing. |
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Posted: 3/16/2022 12:42:01 PM EDT
[#14]
Quote HistoryQuoted: Yep the torch cut displacing 1/4" of material is a relatively new thing. Quote HistoryQuoted: Quoted: Quoted: That's completely incorrect. Mgs have to be torch cut in 3 places. So maybe what the guy found was cut in half a long time ago? It can be hard to see the cut at first. Yep the torch cut displacing 1/4" of material is a relatively new thing. LOL, almost 20 years ago is not relatively new. |
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Posted: 3/16/2022 12:51:12 PM EDT
[#15]
In before it turns out to be a .22 rimfire GSG, Umarex or Blue Line "MP40".
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Posted: 3/16/2022 1:01:47 PM EDT
[#16]
Quote HistoryQuoted: LOL, almost 20 years ago is not relatively new. It is relatively new when you discuss things in terms of FOPA 86, GCA 68 and NFA 34. |
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Posted: 3/16/2022 3:36:27 PM EDT
[#17]
Got to check if it is really a SMG.. Tell them to cock it and see if the bolt locks back.. then pull the trigger to see if that causes the bolt to slam forward.
If it is a semi auto, not sure the legality since technically the firearm isn't his, etc. I would try to contact the previous owners of the house to see if they know anything about it. If it is a SMG, then I would try to contact to see if they accidently left a registered SMG in the house. They may have paperwork for it.. I'd hate to see it destroyed if it is a registered SMG. Note that it will need to go back to the person who has their name on the paperwork. If they say they do.. tell him they need to provide the paperwork for him to see before handing it over. (possibly the original owners built up an illegal SMG). Contacting the ATF, possibly would be able to look up via serial #, etc. If there are any other markings on the MP40 to identify it. Back in the old days, they didn't do a good job logging the stuff into the registry. If no info can be found.. and is suspected SMG.. Strip it down for parts and be prepared to give up or destroy the receiver. If you're in to money, then torch cut it and resell as a parts kit or just keep it for yourself to build as a semi. Another reason to break it down is if the ATF knocks on your door, you can hand them the receiver and keep the parts. Another avenue which I would seriously go down is to give it to a firearm museum. There are forms to allow them to accept it. Here's a video Forgotten Weapons did on finding MGs.  I Found a Machine Gun: What Should I Do? |
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Posted: 3/16/2022 5:30:45 PM EDT
[#18]
Quoted: I have a customer that called me and said he found an MP40 in a house he just bought. Clearly he isn't allowed to possess it, so he's asking me what he can do. I told him he can call local ATF, but I would check on other options before he does anything. What are his options if he wants to keep it? I am an 07 with SOT, so couldn't I just put it on my books if he just wants to get it out of his possession? Where exactly was it, in the house. Sitting on the counter, in a gun safe, behind a wall or false door? Also, like more details on the last tenets... Old gun guy that died, old military guy that died, old gang banger died, went to prison or now living with baby momma and fo-got one da Gats in the old crib??? Interesting story. |
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Posted: 3/17/2022 6:20:30 PM EDT
[#19]
Quoted: I have a customer that called me and said he found an MP40 in a house he just bought. Clearly he isn’t allowed to possess it, so he’s asking me what he can do. I told him he can call local ATF, but I would check on other options before he does anything. What are his options if he wants to keep it? I am an 07 with SOT, so couldn’t I just put it on my books if he just wants to get it out of his possession? I would contact previous home owner. "07 with SOT so couldn’t I just put it on my books" Really? What form are you going to show IOI when you get a compliance inspection? |
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Posted: 3/17/2022 6:22:49 PM EDT
[#20]
Quote HistoryQuoted: That's completely incorrect. Mgs have to be torch cut in 3 places. Well if you are actually destroying/discarding it, it does not really matter. |
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Posted: 3/17/2022 6:30:00 PM EDT
[#21]
If I was in his shoes I would just not tell anyone, I'm being serious. If I found that I'm keeping it I don't care.
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Posted: 3/17/2022 8:53:49 PM EDT
[#22]
Quoted: I have a customer that called me and said he found an MP40 in a house he just bought. Clearly he isn’t allowed to possess it, so he’s asking me what he can do. I told him he can call local ATF, but I would check on other options before he does anything. What are his options if he wants to keep it? I am an 07 with SOT, so couldn’t I just put it on my books if he just wants to get it out of his possession? No disrespect intended, but I'm hoping as an 07/02 that you've got at least a precursory knowledge in the NFA transfer and registration processes......right? You know how an open bolt MG functions? If so, give him a crash course on function testing to confirm it is indeed what you think it is. If it's what you think it is, then tell him to find an NFA friendly attorney. Grampa's old foot locker with his stuff from the war is plausible, but nobody with a papered MP40 forgets about it when packing up a house they just sold...  Attached File |
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Posted: 3/17/2022 8:59:02 PM EDT
[#23]
Quote HistoryQuoted: If it's what you think it is, then tell him to find an NFA friendly attorney. Waste of money. There is no way customer is every going to be allowed to keep gun if NFA/MG. Only hope to salvage gun is previous home owner had legal title to it and just forgot, or did not know it was amnesty registered, etc. Longshot, but only possibility. |
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Posted: 3/17/2022 9:10:56 PM EDT
[#24]
Quote HistoryQuoted: Waste of money. There is no way customer is every going to be allowed to keep gun if NFA/MG. Only hope to salvage gun is previous home owner had legal title to it and just forgot, or did not know it was amnesty registered, etc. Longshot, but only possibility. Thanks, as you're correct, I forgot to provide clarification that comment is only relevant for the previous homeowner. Ball is squarely in the prior homeowner's court about verifying the legitimacy of any potential registration. |
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Posted: 3/19/2022 10:24:05 AM EDT
[#25]
He decided to tell local LEO. He says they told him to keep it for now until they figured out what his options are, and that he could probably keep it... I will update thread when I hear something else
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Posted: 3/19/2022 11:13:49 AM EDT
[#26]
Quote HistoryQuoted: He decided to tell local LEO. He says they told him to keep it for now until they figured out what his options are, and that he could probably keep it... I will update thread when I hear something else Never invite the man into your life Worst choice possible and the advice shows |
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Posted: 3/19/2022 11:15:05 AM EDT
[#27]
Quote HistoryQuoted: He decided to tell local LEO. He says they told him to keep it for now until they figured out what his options are, and that he could probably keep it... I will update thread when I hear something else His options are laid out in this thread. |
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Posted: 3/19/2022 3:53:47 PM EDT
[#28]
Tell your customer to lawyer up now and have the attorney handle contacting ATF to request status of the firearm.
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Posted: 3/19/2022 5:13:18 PM EDT
[#29]
Quote HistoryQuoted: He decided to tell local LEO. He says they told him to keep it for now until they figured out what his options are, and that he could probably keep it... I will update thread when I hear something else LOL, your buddies local LEO has NO BEARING on if he keeps that or not. Even if it has a valid tax stamp. It ain't his. It can't be his. it is illegal and every minute he has it is a minute he risks going to prison. |
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Posted: 3/19/2022 5:40:08 PM EDT
[#30]
Before the police or atf seizes it, I would like to offer to purchase the buttstock assembly from the gun. It's not unlawful to own or transfer.
Further, there is a semiauto 9mm imported from Germany too. ATI/GSG. He WOULD be able to keep that as long as it's legit. After all, if he purchased the house and it was in it, he owns the gun now too as well as mineral rights and any coins he finds buried in the yard or whatever. |
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Posted: 3/21/2022 6:59:00 PM EDT
[#31]
Deleted
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Posted: 3/29/2022 2:26:38 PM EDT
[#32]
FYI, I had this happen to a client also. It turned out to be an EXCELLENT blank-firing clone.
See http://dunritearmory.com/us/index.php/product/german-mp40-blank-firing-replica/ or https://www.mg-props.co.uk/mp40wwii.htm for examples. Turns out a bunch of these blank MP40 guns are floating around. The ones I’ve seen were all made well before laws about lookalike guns, toys, orange muzzle plugs, etc. I've since encountered three or four other blank MP40 guns. Their construction quality is solid. If possible, I recommend having a look at the gun first. I wouldn't be surprised if it turned out to be one of these blank guns. If it’s a blank gun, value depends upon condition. My client got $700 for his after finding the original box and magazines. Another battered one with one mag was at a local gun show for $250, and the dealer (a friend) told me later he got $100 plus a couple USGI M14 mags for it. |
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Posted: 3/29/2022 7:56:13 PM EDT
[#33]
Quote HistoryQuoted: He decided to tell local LEO. He says they told him to keep it for now until they figured out what his options are, and that he could probably keep it... I will update thread when I hear something else He can only keep it if it is a semi auto MP40 or a fake replica. However if it is a machinegun, the police gave you bad advice. He can not keep it if it is an illegal machinegun. Tell them he needs to do more than just ask the police. Give him infor from this thread on what to do. #1 of which is to contact the previous owner/renter of the house. If they can provide paperwork (form 4 tax stamp) then give it to them, if not deal with the ATF to see if the owner can be tracked down. |
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Posted: 3/29/2022 8:04:56 PM EDT
[#34]
If I found one my 1st move would be to post about it on the internet.
Maybe a YouTube video. 
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Posted: 3/29/2022 8:14:38 PM EDT
[#35]
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