I had a friend call me today (knowing I am a AR-15 fan) and he was asking me the difference between a M16 and a AR-15. Evidently, he might have the opportunity to purchase what he describes as a "full auto M16". From what I have heard about owning full auto guns, it's really not worth the hassle. I don't have a lot of specifics on what he's looking at (brand, barrel or anything) but don't want him getting in trouble in the process.

How does a person legally buy and own a full auto rifle ? Any other comments on this ?

Thanks -

Fill out forms. Pay an exorbitant amount of money. Wait. Take home firearm.

Usually a 3 month or longer wait. Class 3 stuff is not really "cash and carry".

Av.

Can you give me a few more details ? My impression from him is this is a private party sale. I'm not sure what that implies, but it sounds like if he were to buy it, it wouldn't involve forms or anything else. I'm also wondering if he bought it this way, without the paperwork, how would he be able to own it legally ? I told him I wouldn't mess with it becuase you really have no idea where it came from.

While there are many more people who can answer your question better than I can here is my 2 cents.

I belive there HAS to be a form on file with the govenment that your friend is a legal owner of a Class 3 firearm. The owner of the firearm must also have a form with the tax stamp on it. This form (usually a copy of it) must be with the firearm.

I do not know if you can buy a full-auto firearm leagally in a private sale.

If he has NO paperwork for the gun, then it would probablly be considered an unregistered machine gun, and no, he would not be able to register it. The ATF has not registered new machine guns for many years.

Legal full-auto firearms are VERY expensive. Since no new full-auto guns are being registered, there is a finite supply.

Av.

I'm no expert but without paper work you could get in some deep trouble.

Yup, there is paperwork and taxes.  Unregistered machineguns are just one of those things BATF has very little sense of humor about.

Assuming both the buyer and seller live in the same state and neither are licensed dealers, the sale will go directly on a form 4. The seller should have a form 4 from when he bought the weapon, or a form 1 if he made the weapon himself prior to May 1986.  For a machinegun, the form 4 (or form 1) is gold - it is the only positive proof you have that the weapon in your possession is legal.  It will have the $200 tax stamp attached.

The buyer would complete a new form 4 in duplicate along with two sets of fingerprint cards, sign-off by the sheriff or chief of police (or other CLEO) with jurisdiction over the buyer's residence, and a check to the Treasury Dept for the $200 transfer tax.  He sends the whole package off to BATF and waits.  And waits.  And waits.

Somewhere around 3-4 months later, BATF will send one copy of the form back to the seller approved (with a tax stamp on it).  At that point (and only then) the buyer can take possession of the gun.

Good way to get a boyfriend named Bubba for ten to twenty...

Scott

Also, aside from the Form 4, fingerprint cards and the passport photos, you must make sure it is legal to own and possess an MG in your state, city and/or county.  Although, that should be cleared up with the Form 4 completion since the CLEO (Cheif Law Enforcement Officer) sign off contains an affirmation that it is legal for the transferee to possess such a weapon.  

Also, some states, like my own, require their own special state registration; and sometimes within 24 hours of taking possession.  Failure to do so is a crime.

Good luck.