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1/25/2018 7:38:29 AM
Posted: 7/25/2002 2:39:57 PM EST
...at another website: "Anyone can get a FFL that will allow you to posses, and discharge fully automatic weapons and destructive devices, and that does include explosives, as long as you are a US citizen and have never been convicted of a felony." Is that true?
Link Posted: 7/25/2002 2:46:09 PM EST
AN FFL does not permit those things.
Link Posted: 7/25/2002 2:49:42 PM EST
[:K] [:K] [:K] [:K]
Link Posted: 7/25/2002 2:55:39 PM EST
[Last Edit: 7/25/2002 3:24:59 PM EST by Seek]
Hey guys, this is no BS. This is the kind of thing that really pisses me off. People that don't know what the hell they're talking about giving out false information. I know it's crap, I just don't know enough to make a case. (We're talking about a new AR owner, I think he deserves better than that.) Thanks. Better yet, I'll let y'all check it out for yourselves. [url]http://kyhunter.proboards10.com/index.cgi?board=bang&action=display&num=1027472302[/url]
Link Posted: 7/25/2002 3:27:48 PM EST
Link Posted: 7/25/2002 3:49:17 PM EST
Type 7 is a manufacturer of firearms other than destructive devices. Type 3 is the C&R collector license.
Link Posted: 7/25/2002 11:39:06 PM EST
I hate to be he one to bust your balls but there are some machineguns on the C&R list of qualified C&R firearms per the BATF..... [:P]
Link Posted: 7/26/2002 2:46:29 AM EST
Bust away. I was under the impression automatics (machine guns) were heavily regulated and not available to John Q. Public. Then it is true?
Link Posted: 7/26/2002 3:02:36 AM EST
Originally Posted By Seek: Bust away. I was under the impression automatics (machine guns) were heavily regulated and not available to John Q. Public. Then it is true?
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Read the rest of the thread you linked.
Link Posted: 7/26/2002 3:06:55 AM EST
Seek wants a TRUE of FALSE answer with no extraneous information. Legal issues seldom work that way my boy.
Link Posted: 7/26/2002 5:06:51 AM EST
lol I guess I'm not making myself very clear. The post I referenced says "Anyone can...". The thread (which I did read) says they have to be registered. I understand that. What,if any, are the requirements to qualify for registration? Troy touched on it with the "dealer or manufacturer" aspect. Is that necessary or can "Anybody" qualify?
Link Posted: 7/26/2002 5:25:40 AM EST
[Last Edit: 7/26/2002 5:26:05 AM EST by GodBlessTexas]
In order for John Q. Citizen to purchase and hold NFA weapons, there are several criteria. 1: John Q. Citizen must locate a "pre-May" NFA weapon, manufactured before May of 1986. The Gun Owner Protection Act of 1986 has a provision at the end that is interpreted by the BATF to mean NFA firearms manufactured after May 1986 cannot be registered in the NFA registry, and therefore cannot be taxed. Since they cannot be taxed, they cannot be owned by John Q. Citizen. 2: John Q. Citizen must live in a state that allows NFA firearms. I believe only 35 or so states allow NFA firearms. 3: Once John Q. Citizen has met the two above criteria, he starts the paperwork phase, which when completed must be signed off by the Chief LEO or other suitable person. John Q. Citizen must also be fingerprinted. There are ways around these two provisions, as Corporations are capable of buying pre-May transferable guns, and they do not have to submit fingerprints or recieve LEO signoff. It still costs $200 for the transfer, but time to transfer is supposdely faster. 4: Then you wait... 5: You wait some more... 6: Then you get your paperwork and tax stamp. You can now take posession of the NFA firearm. Remember the Alamo, and God Bless Texas...
Link Posted: 7/26/2002 6:47:46 AM EST
Thanks GBT. This has all been very illuminating. Thanks to everyone that replied. I've always thought that class 3's were only for the priviledged (LE, military, dealers, etc), not for average,working-class Joes like me. Maybe not. The C&R MG is interesting. Although it would be specific to a particular weapon it would still be kind of an "anybody" type AW. Is it safe to assume that a "lightning link" or any other such device in a post-ban would not be legal for J. Q. Public?
Link Posted: 7/26/2002 8:12:05 AM EST
Originally Posted By Seek: Is it safe to assume that a "lightning link" or any other such device in a post-ban would not be legal for J. Q. Public?
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Actually, the Lightning Link, as well as Registered Dropin Auto Sears, are considered machineguns and you have to go through the process GBT described to purchase them. When the hurdles are cleared and you take possession of one you can then put it into your postban AR without any hassles or problems.
Link Posted: 7/26/2002 8:31:07 AM EST
Originally Posted By Seek: Is it safe to assume that a "lightning link" or any other such device in a post-ban would not be legal for J. Q. Public?
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If the link or drop-in sear was registered before 5/19/86, it's legal for Joe Sixgun to own (provided state law allows, etc). It doesn't matter if the rifle you drop it into is pre- or post-ban then. To further expand, just about anyone can get an FFL allowing them to deal in, or even manufacture fully automatic weapons - even in states which don't normally allow them for Joe Sixgun. Case in point - if you get a Type 7 (manufacturer) FFL and pay the yearly SOT tax, you can manufacture, possess and use machineguns even in Illinois - which does not allow "private" ownership of machineguns for regular citizens.
Link Posted: 7/26/2002 8:54:57 AM EST
Originally Posted By Seek: Thanks GBT.
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You're quite welcome.
Is it safe to assume that a "lightning link" or any other such device in a post-ban would not be legal for J. Q. Public?
View Quote
As others have pointed out, the Lightning Link, registered DIAS, or registered receiver are what are considered the NFA weapon, provided they were manufactured and registered before May 1986. You'll find people selling unregistered DIAS on gun auction sites and in Shotgun News, but as they were not registered and there is no way to prove their manufacture date, it is a felony to own one. Since the Lightning Link and DIAS are parts, they can be put in any gun they are designed for, making them effectively NFA weapons while they are in them. So, you can buy a post-ban and put a DIAS of LL in it and it is effectively a Class III weapon, no longer subject to post-ban regulations, and can even be configured in a way that pre-bans cannot be without registration, as in the case of a sub 16" barrel. However, removal of the Lightning Link or DIAS from the weapon would be a no-no, even though some people do it. I've heard of people who travel with their Class III weapons who will remove the DIAS from the rifle while away from it. By the strict letter of the law, this is seemingly legal, by keeping the weapon (DIAS or Lighning Link) in your care at all times and illegal, as a post-ban with pre-ban features isn't kosher in it's own right and neither is full-auto fire control parts in a non-NFA weapon. Though, personally, if the gun were stolen, I think it would be in the ATF's best interest if the DIAS didn't fall into criminal hands. Someone, please correct me on this if I'm wrong. With a registered reciver, that is the NFA weapon, and things are much less complicated. You can find registered DIAS and Lighning Links, as well as SEAR packs for other guns that would make it perfectly legal to convert a post-ban or semi-auto gun to full auto. Remember the Alamo, and God Bless Texas...
Link Posted: 7/26/2002 11:23:57 AM EST
Well, I guess I flew of the handle before [i]I[/i] knew what [i]I[/i] was talking about. (Being called a troll didn't help [;)]) Again, thanks for all the info. I felt that this was the place to ask as it's been my number one resource for AR related advice. Great site, great folks. I really do appreciate it.
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