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Posted: 5/14/2007 1:41:28 PM EDT
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A question for you leagal eagals. About 3 years ago I was offered in trade a de-milled H&R M14 receiver. The receiver was de-milled by having one band saw cut on the left side (cut trough the oprod guide). There was no selector lug. I was told I could LEGALY re-weld and re-cut the reciever to build a semi-auto M14. He said I could buid one firearm per year for personnal use. I turned it down, not because of legal questions, but because I don't have the tech knowlage to do the work. Durring anLEO (yes I am an LEO) confrence I was told such a build would be illegal as the BATF ruled "once a machine gun always , a machine gun". There was an ATF rep at the confrence, when I asked him about this particular case he said he wasn't sure, but he'd get back to me. Of course he never did. Any thoughts |
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The "Once a machine gun, always a machine gun" rule applies insofar as the machine gun remains a "firearm." You cannot take an M14 receiver and simply cut out the full-auto parts to make a legal semi-auto. This is the heart of "Once a machine gun, always a machine gun." But if a machine gun receiver is properly destroyed, then it is no longer a machine gun nor a firearm of any kind and the parts can be welded back together to create a newly maufactured semi-auto firearm provided that it avoids the ATF definition of "machine gun" as it applies to an M-14 receiver (i.e. seek ATF approval on you semi-auto design before you reweld). Legally speaking, if you weld-up the pieces of a properly destroyed receiver into a functioning firearm receiver, it's exactly the same as if you machined the new firearm receiver from solid billet. With a former M14 receiver, you need to make sure that the selector and associated parts cannot be reinstalled in order to keep it semi-auto only. This being said, the description you give for the cut in the receiver does not meet the legal requirement for destroying a firearm. The receiver must be destroyed with 3 separate cuts through critical areas of the receiver, each cut removing at least 1/4" of material. You should have 4 receiver pieces after destruction. If the receiver is cut with a single cut, then it's still a legal firearm and in the case of an M14 receiver it's still an MG. |
depends on when it was demilled, ATF changes rules |
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If I buy a stick shift car and then swap out the stick shift parts for an automatic and alter the frame of the car and applicable areas as to make it unable to be reconfigured as a stick shift car is it then, "Once a stick shift, always a stick shift?" What a joke. Has nothing to do with regulating machine guns and all to do with incrementalism as applied to disarming the populace.. Any argument otherwise is bullshit.. |
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Before posting I did a little Internet research. In the 1960s and 1970s the USG de-milled M1 Grands, M1 & 2 Carbines and M14 by cutting them with band saws, at first on one side, then in half. There are some M1 Grands and Carbines floating that are assembled on rewelded receivers. So at the time the suspect M14 receiver was cut, it could have been properly de-milled. I have no dog in this fight, because I passed on the receiver years ago. I did find it amusing that your average BATF agent was couldn't give an answer. |
Correct. "Re-welds" of M1a were quite common at one time and they were lawful under many circumstances. Also, your friend was INCORRECT about "1 per year." A civilian may make their own guns, at home FOR PERSONAL USE. It must comply with all federal & local laws (i.e. - sem auto) and be made by you. Ser. number is NOT required, but recommended. Key is: intent when you make the gun. It has to be made for you & you only. I know many of you will not believe it. Check the ATF FAQ if you want. DId you know you are also allowed to brew small batches of beer at home too? Go look in the section "Build it yourself" & you will see legal, home-made guns - soem with & some without serial numbers. |
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