ok I have a question. If I go buy say an American Spirit Arms lower and give it to a class 2 manufacturer can he make it full auto for me?

No. The manufacture of machineguns for civilian use has been banned by default since 1986. The BATF will no longer approve the registration forms.

Michael

I never understand this.  The ATF is only a tax collector, the NFA statues are about taxs.  How can they refuse to collect a tax?

Couldn't one buy a tax receipt and be done with it (Drug dealers do it all the time).

I really don't know. I would like somebody that does understand to explain it to me as well.

Michael

well, this has been to court and some courts have ruled that the 1986 ban overturns the NFA's MG section since the ATF can no longer collect making taxes on MGs.Interesting thing would be if it ever got to SCOTUS.

The courts would likely make 1 of 5 decisions:

1) The FOPA bans new manufacture and the NFA can stay in place (Worst Possible Outcome)

2) The FOPA reversed the 1934 NFA. Result would be all Pre-86 MGs would become legal to own without a tax stamp. This outcome is possible, but unlikely.

3) The NFA being a tax statute cannot collect becuase of the FOPA and therefore the court reverses the MG Ban in FOPA. This would mean we still would have to pay $200 for a nice little stamp. But, we could begin manufacturing MGs again. The value of Reg. Receiver M16s would drop from $8500 to $850. These guns wouldn't even have to comply with the 1994 AW ban since the aren't semi-automatic. Hmm, a Pre-Ban semi-automatic or a select-fire with all pre-ban features for about the same price. Which would you choose ?

4) Since the NFA can no longer collect, it is overturned. But, an outright ban does not fall withing regulation of Interstate Commerce. Result, All MGs would be 100% Legal w/o a Tax Stamp.

5) The The words "shall not be infringed" mean what the NRA has said all along. Result, somplete overturn of all Federal Gun Laws. Possible overturn of most state Gun Laws, including all AW Bans (PRK, PRNYC, PRDenver, PRCT, etc...)

BTW, Let's see what happens with US vs. Emerson. I hope it ends up in SCOTUS and they rule in favor of the 2nd.

Preferably, Justice Jean Paul Stevens will have resigned first. Also, Bush stated he plans to make Ashcroft a Supreme Court Justice when Rhenquist resigns. Hmm, The majority opinion drafted by John Ashcroft regarding the 2nd Amendment. Then again, in Congress Ashcroft voted for legislation that would have made it illegal for kids to posess "Assault Weapons" w/o being monitored by a Parent/Gaurdian at all times.

Oh, also to answer your question:


[b][size=6][blue]NO !!!!!!!!!!!!!!!!!!!!!!!!!!!!!![/blue][/size=6][/b]

Sure you can.  

And it CAN be done legally - it's just a lot more detail work, thinking and/or paperwork.  For instance, you can bring the class 2 manufacturer with you on a trip to a foreign country where such manufacture is not prohibited.  Then blast away - just don't bring the gun back into the US until full auto prohibitions have been replaced by more freedom.

In Canada, this could be done if one had a business firearm manufacturing license, complied fully with our complex regulations (call 1800 731 4000 for the broad outline) and did not intend to own the firearm for oneself.  One would in that case likely be legally required to make an effort to sell same to the Canadian military or other approved buyers.  "There you are gentlemen - that's the latest successful demonstration of my company's innovative $7000 handmade one of a kind mirror polished and blaze orange two tone full auto AR.  Whee.  Whew.  Any takers?  D*mn.  OK, I'll try someone else then... thanks for your time."