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Posted: 2/3/2007 2:18:58 PM EDT
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I was wasting time today surfing Gunbroker and I ran across this. www.gunbroker.com/Auction/ViewItem.asp?Item=64984724 Is this even legal? 
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Parts are legal, you can buy them all day long. Correct that it is not the seller's problem as to the end user's use. Not a real bright idea to have full auto parts and ANY kind of non NFA registered AR machinegun in the same house, safe, shop or dog house. The powers that be seem to think that a person would intend to build an illegal machinegun if you had parts and a non NFA AR. I know arfcom folks would never do that but the ATF just doesn't see it that way. |
"Constructive Possession" would supercede "intent". You have all the parts to make an MG, you have an MG. The only way you can have a semi AR and M16 parts is if you also have a registered MG or DIAS to give you a path to legality for the parts. |
yep, that's what I was getting at |
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If you have those parts + an AR15, then you have a MG per the law: The term "machinegun'' means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person. |
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I am not a "tinfoil-hat" kind of guy, and I do run M16 BCG's. Having said that, the above posters are correct. The parts ARE legal to purchase and legal to own, however possessing these parts in conjunction with a host weapon could constitute possession of a un-registered machinegun. You COULD purchase the parts. Destroy the auto sear, modify the selector and hammer and install them in a AR15 legally since those parts can no longer function in a fully automatic weapon. Also, I am not sure what the conglomeration of part here are for, but it has a burst cam, and a FA disconnect. Those don't work together. |
OK, but if your AR lower is missing the required "third hole" then you cannot assemble it into a machine gun as far as I know. Of course, if you have all the parts and a drill & drill bit of the proper size then you're back in "constructive possession" land I'll bet. Either way, that isn't a path I'd walk down without a tax stamp in my pocket. |
With those parts + AR (semi) lower, the prosecution will have no trouble getting it to fire more than 1 shot per pull of the trigger, even without the sear installed in the third hole. |
Absolutely. Remember, it doesn't need to fire full-auto reliably, it need only fire 2 rounds with one trigger pull. If it fires 2 rounds and you get a light primer strike on the third, then you still have a machine gun. Thr sear hole in the receiver is what defines an AR receiver as an MG, but a semi-auto receiver and full-auto parts meets the "combination" definition very clearly. |
That is a bit of info I did not know. Thanks much for correcting me, and anyone else who was similarly misinformed. I don't want to find out, first-hand, why they call it the Federal "pokey." 
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