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Posted: 3/6/2011 12:01:19 PM EDT
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If you install a DIAS into a lower receiver, can you then use a SBR upper receiver with that lower without registering the lower receiver as a SBR provided the DIAS remains installed in that setup?
Thanks! -Mike |
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Yes. While an RDIAS is a machine gun in and of itself, the definition extends to the host gun as well when it is installed.
That means you can install an RDIAS in a Title 1 host gun and, once the RDIAS is installed, you lawfully can put any length upper on it as long as the RDIAS is iun there. However, when you intend to remove the RDIAS for storage or any other reason, you must first remove the sub-16"-barrelled upper, and must also remove the FA fire-control parts from the lower receiver ... because as soon as the RDIAS is removed, the host gun reverts to Title 1 status. |
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Quoted:
Yes. When you install a conversion device (RLL, RDIAS) into a lower receiver, the entire assembly is considered a MG until the conversion device is removed. Machine guns aren't limited to barrel length. Regarding non-AR rifles, If a person has a registered MG kit in a rifle that has a screw on barrel of sub 16" length, it's legal? Remove the MG kit and it's illegal with that barrel installed? Correct? |
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Quoted:
Quoted:
Yes. When you install a conversion device (RLL, RDIAS) into a lower receiver, the entire assembly is considered a MG until the conversion device is removed. Machine guns aren't limited to barrel length. Regarding non-AR rifles, If a person has a registered MG kit in a rifle that has a screw on barrel of sub 16" length, it's legal? Remove the MG kit and it's illegal with that barrel installed? Correct? Correct. Machineguns do not have to conform to barrel lengths. However, if you remove the registered machinegun (ie. hk sears, dias, lightning link. uzi sear, ect...) it then becomes a short barrel rifle. |
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Thanks. One other clarification please? I want to buy a short barrel for an M1 Carbine. Those are a screw-on requiring wrenching. Am I OK owning one as long as I don't have it installed on a receiver? They can't be installed as simply as the AR.
BTW, a standard .30 M1 Carbine with paratrooper stock is shorter than an AR with a 10.5 barrel. The standard barrel is about 17+ inches. I'm looking at a 12" to put away for a 'some day' project. |
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Quoted:
Thanks. One other clarification please? I want to buy a short barrel for an M1 Carbine. Those are a screw-on requiring wrenching. Am I OK owning one as long as I don't have it installed on a receiver? They can't be installed as simply as the AR. BTW, a standard .30 M1 Carbine with paratrooper stock is shorter than an AR with a 10.5 barrel. The standard barrel is about 17+ inches. I'm looking at a 12" to put away for a 'some day' project. Well, I dunno ... do you feel lucky? (The usual disclaimer here, that I'm not a lawyer and this is not legal advice, etc.) Lots of issues here, like do you also own or have access to the tools required to swap the barrel? A strict reading of the law would indicate to me that no, you should not own both. There is caselaw precedent where a prosecutor got a constructive-possession-of-a-machine-gun conviction after an ATF expert testified that, with eight hours' work in a fully equipped machine shop, a firearm could be converted to fire full-auto. Of course, with eight hours in a machine shop, you could make a bicycle fire full-auto. 
You really need to do your own risk assessmnt on this one. |
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Quoted:
Quoted:
Thanks. One other clarification please? I want to buy a short barrel for an M1 Carbine. Those are a screw-on requiring wrenching. Am I OK owning one as long as I don't have it installed on a receiver? They can't be installed as simply as the AR. BTW, a standard .30 M1 Carbine with paratrooper stock is shorter than an AR with a 10.5 barrel. The standard barrel is about 17+ inches. I'm looking at a 12" to put away for a 'some day' project. Well, I dunno ... do you feel lucky? (The usual disclaimer here, that I'm not a lawyer and this is not legal advice, etc.) Lots of issues here, like do you also own or have access to the tools required to swap the barrel? A strict reading of the law would indicate to me that no, you should not own both. There is caselaw precedent where a prosecutor got a constructive-possession-of-a-machine-gun conviction after an ATF expert testified that, with eight hours' work in a fully equipped machine shop, a firearm could be converted to fire full-auto. Of course, with eight hours in a machine shop, you could make a bicycle fire full-auto.
You really need to do your own risk assessmnt on this one. Good points. I don't own a spare receiver or any tools to change, but I do own a legal MG parts kit. I'm thinking I'm okay since a MG has no limitation on barrel lengths. the parts group is the same as a RDIAS. Sound reasonable? |
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