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11/20/2019 5:07:11 PM
Posted: 11/2/2009 9:31:10 AM EST
Ok all you lawyer types etc... I have another question that has to do wtih the '86 band, etc.

Say I have a relative who lives overseas (USA citizen with dual rights, just has a job overseas for a few years). He/she is legally able to buy a MG that was made within the last 10 years in that country. When his/her contract expires and he/she comes back to the States. Would he/she be able to bring said MG back with him/her legally? Is there a form to fill out, etc? Why, why not?

Would the scenario change if he/she happened to have top security clearance, spec weapons training, ex-mil record, and current govt. employee on assignment?


Bottom line is, would relative be able to own said firearm as a civilian upon retirement?

Just curious, thanks.

Bear
Link Posted: 11/2/2009 9:36:02 AM EST
[Last Edit: 11/2/2009 9:42:26 AM EST by CAR-AR-M16]
Originally Posted By TimBear:
Ok all you lawyer types etc... I have another question that has to do wtih the '86 band, etc.

Say I have a relative who lives overseas (USA citizen with dual rights, just has a job overseas for a few years). He/she is legally able to buy a MG that was made within the last 10 years in that country. When his/her contract expires and he/she comes back to the States. Would he/she be able to bring said MG back with him/her legally? Is there a form to fill out, etc? Why, why not?

Would the scenario change if he/she happened to have top security clearance, spec weapons training, ex-mil record, and current govt. employee on assignment?


Bottom line is, would relative be able to own said firearm as a civilian upon retirement?

Just curious, thanks.

Bear


It is BAN, not BAND.

Answer is no.

Imported machineguns were banned by the Gun Control Act of 1968. US made machineguns were banned by the Firearms Owners Protection Act of 1986. Unless you have a time machine you are out of luck.

Does not matter what kind of clearance, training, etc.. you have.

ETA: Here is some info that Tony_k once posted that may help you to understand.

–– Before 1968 registered machine guns were all transferable. There were no "dealer samples."

––The Gun Control Act of 1968 banned importation, or reimportation, of MGs for civilian ownership. After it took effect, domestically manufactured MGs were still transferable, but imported MGs –– or U.S.-made MGs which were outside the U.S. at the time the act took effect, and were later re-imported –– were defined as dealer samples. These could only be owned by dealers, LE or .mil.

––The Firearms Owner Protection Act of 1986 banned civilian ownership of MGs registered after May 19, 1986, regardless of where they were made, and also added the requirement that for dealers to buy these post-1986 MGs, they needed a signed demo request letter from LE. This created a new class of MGs, known as post-1986 dealer samples.

So today, we have:

––Transferables which can be owned by any civilian. They can be tranferred to any qualified entity, and can be inherited by the owner's heirs.

––Pre-'86 dealer samples (imported or reimported between 1968 and 1986) which can be owned only by dealers, but no LE demo request letter is needed because they were registered/imported prior to the LE letter requirement. These can also be retained by a dealer after the dealer's FFL/SOT expires, but any future transfers must be to a current FFL/SOT; they cannot be inherited by the FFL/SOT's heirs unless the heir also holds a current FFL/SOT.

––Post-'86 dealer samples. These require the LE demo letter, and when an FFL/SOT plans on letting his license expire, they must be either destroyed or sold and transferred to current FFL/SOTs with the appropriate LE demo letter before the FFL/SOT license expires.
Link Posted: 11/2/2009 10:04:24 AM EST
What if, the MG was manufacture in the US before 1986. And it was exported overseas. Could you buy it and have it transfer?

Thanks. Sorry op.
Link Posted: 11/2/2009 10:14:48 AM EST

Originally Posted By Papi4baby:

What if, the MG was manufacture in the US before 1986. And it was exported overseas. Could you buy it and have it transfer?

Nope.
Link Posted: 11/2/2009 10:19:21 AM EST
Originally Posted By TimBear:
Ok all you lawyer types etc... I have another question that has to do wtih the '86 band, etc.

Say I have a relative who lives overseas (USA citizen with dual rights, just has a job overseas for a few years). He/she is legally able to buy a MG that was made within the last 10 years in that country. When his/her contract expires and he/she comes back to the States. Would he/she be able to bring said MG back with him/her legally? Is there a form to fill out, etc? Why, why not?

Would the scenario change if he/she happened to have top security clearance, spec weapons training, ex-mil record, and current govt. employee on assignment?


Bottom line is, would relative be able to own said firearm as a civilian upon retirement?

Just curious, thanks.

Bear


you can't get new MG's unless your are licensed to build/buy/import them. period.



Link Posted: 11/2/2009 10:34:23 AM EST
Sorry about the "band" instead of BAN. I am a musician and am not in the habit of checking my posts for typos. Consider it a subconcious entry! lol.

Thanks for the quick response.
Link Posted: 11/2/2009 11:59:56 AM EST
Originally Posted By osprey21:

Originally Posted By Papi4baby:

What if, the MG was manufacture in the US before 1986. And it was exported overseas. Could you buy it and have it transfer?

Nope.


Link Posted: 11/2/2009 1:34:22 PM EST
If all you needed was a TS clearance to buy a post-86 MG, don't you think a ton of us would be on here gloating
Link Posted: 11/3/2009 12:17:19 PM EST
[Last Edit: 11/3/2009 12:17:48 PM EST by TimBear]
Maybe, but he/she might have more extengencies than just the clearance, which is why I was asking if certain personell can legally own new MGs if they are bought out of country and imported in under their qualifications.

But it looks like it's a black and white case, so thanks for all the info. Take care.
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