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Posted: 4/5/2002 7:04:14 PM EDT
[Last Edit: 4/5/2002 7:29:51 PM EDT by sulaco]
Please excuse my ignorance but for the life of me I just can’t figure this out. I have read that machineguns, which are NFA weapons, can have more than one pre-ban features put on them. It is true that all registered machine guns were produced before 1994, however I’m confused about why you can put Assault Weapon features on a registered MG. You can take a new [b]registered[/b] auto sear and build a new weapon with it with Assault Weapon features on it legally. There must be some kind of exemption for machineguns, or is it an exemption for all NFA weapons? Are all NFA weapons excluded from Assault Weapon classification? Also, when you make a new short-barreled rifle do you have to comply with the 28-inch or more in order not to qualify as an assault weapon? If you could site the actual penal codes that explain how NFA weapons are excluded from AW classification that would be appreciated. Edited to emphasize that we are talking about pre 81 machineguns for the purposes of this NFA question. - Sulaco
Link Posted: 4/5/2002 7:10:54 PM EDT
The "assault weapons" ban only deals with semi-automatic weapons.
Link Posted: 4/5/2002 7:14:49 PM EDT
[Last Edit: 4/5/2002 8:37:49 PM EDT by sulaco]
Well now that you mention it, I do remember it saying "a semi-automatic..." [:)] dumb me... any ideas about the short-barreled rifles and the length requirement imposed by the assault weapons ban? - Sulaco
Link Posted: 4/5/2002 7:15:09 PM EDT
All non LEO/Govt only machine guns are pre ban in fact they are pre 1987 as well. If the weapon is a pre ban even if it is an MG it can still have all the pre ban features. No you cannot make a machine gun. The parts you see sold for MG's are for replacement on your registered MG only. I don't know the penal codes but I am pretty sure any weapon under 28 inches overall is a federal felony weather pre ban or not. Pre ban has nothing to do with the length of a rifle? I hope you are not fishing someone into telling you how to make a short barreled MG with evil features, which is a felony.
Link Posted: 4/5/2002 8:08:19 PM EDT
[Last Edit: 4/5/2002 8:59:22 PM EDT by sulaco]
Don’t worry DOCPIG, I’m doing nothing of the sort. Title 18 Sec. 921 regulates the identification of an assault weapon, as well as SB23 here in CA. A Short Barreled Rifle is a rifle; a Short Barreled Shotgun is a shotgun. Shotguns, pistols and rifles are all regulated by the definition of an assault weapon by Title 18 Sec. 921 and by SB23. Just look it up. Title 18 Sec. 921(30)(B) a semiautomatic rifle… Title 18 Sec. 921(30)(C) a semiautomatic pistol… Title 18 Sec. 921(30)(D) a semiautomatic shotgun… SB23 penal code 12276.1(a)(1) A semiautomatic, centerfire rifle… SB23 penal code 12276.1(a)(4) A semiautomatic pistol… SB23 penal code 12276.1(a)(1) A semiautomatic shotgun… The only NFA weapon that I can see being excluded from classification from the 1994 federal ban on AWs are NFA AOWs. All Other Weapons, AOWs probably don’t meet the classification of handgun as defined by Title 18 sec. 921(29). In CA AOWs fall under the same definition of a pistol or short-barreled shotgun/rifle, by penal code 12001(a)(2)(f), so no AOWs for use CA people [:(] Odds are that I may be wrong about AOW part. But hay; if you think I’m wrong by all means point out a section or penal code that shows I’m wrong. Edited for grammar, I just can't type today – sorry guys - Sulaco
Link Posted: 4/6/2002 5:05:26 AM EDT
Originally Posted By DOCPIG: All non LEO/Govt only machine guns are pre ban in fact they are pre 1987 as well. If the weapon is a pre ban even if it is an MG it can still have all the pre ban features.
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There is no such thing as a "pre-ban" MG. As Tapperman succinctly put it, the Clinton Crime Bill does NOT apply to MGs. Does apply to SBRs, but only because they remain semi-auto despite their new enrollment in NFA. So far as "pre 1987", this is not accurate either. Example, LL and RDIASs are usually married to a post-ban lower reciever (for lots of reasons). Once the lower is married per a Form 1 to the LL or DIAS, the whole thing becomes a MG and, again, no longer subject to the 18 USC 922 prohibitions. So the post-ban lower is now an NFA mg- post-ban/pre-ban is an irrelevant term UNTIL YOU REMOVE THE LL OR DIAS, then it reverts back to its pre-mg status.
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