Don't think this is right: MG 42 = C&R

pcb911 said:
What about a MP-44? There is also the fact that no one currently makes ammo nor has any been produced for over 60 years. Seems there is a condition concerning ammo supply for c&rs.

A MP-44 would really be a relic. I think that I only held 2 legal MP-44s, but handled more than a dozen MG-42s in the 2 years at a Class 3 Dealers store.
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Someone must be making ammo for them, they're still in use in some parts of the world. The rebels in Syria have them, for example. Here's some even being fitted to fire by remote control! http://globalmilitaryreview.blogspot.com/2013/09/free-syrian-army-with-innovative.html
 
Even a Colt-Browning M1895 "potato digger" machine gun manufactured prior to Jan. 1, 1899 is still considered an NFA weapon.
 
Mike Irwin points to the smoking gun:

......(page 48) "These NFA weapons, classified as Curios or Relics, are still subject to all the controls under the NFA. " And pre 1946 MG 42's are called.
I'll pass this to my friend and suggest his C&R license can't put him in the machine gun biz.

Thanks Mike.
 
IIRC some years ago there was a proposal by BATFE to remove antique (pre-1899) MGs (there were not many registered) from the NFA and the antis went nuts. "Allow millions of machineguns to be used on the streets....", etc. The idea was scrapped.

Jim
 
Right up to a point

Since I retired many years ago and gave up all licenses, I checked with one of my old customers, a retired ATF person.

He gave me his opinion. His opinion was that any and all class lll weapons must first be legally imported and federally registered as a class lll weapon by a class lll registered importer or manufacturer. He also stated that on occasion, the ATF does grant individuals the permission to import a single or limited number of guns themselves, but all class lll weapons are still subject to approval and still require the proper registration and taxes paid, paperwork, and licensing, before anyone can properly own it. Once all of this has been properly done, then anything that qualifies as a C&R under the ATF classification, may legally be transferred directly to that C&R holder without going through another dealer, after the proper transfer required for class lll weapons has been submitted and approved by the ATF along with the transfer fees being paid.

Yes, he can own it, but his C&R does not exempt him from any of the normal requirements for class lll transfer or ownership anymore than a class1 license would. It just means he may buy it directly from someone in another state without having to go through his local class lll dealer.



So his C&R just means the ATF has already done a background on him and may allow him to skip a few steps, but not to bypass the required forms or taxes.

Such is the opinion of a retired ATF man as understood and relayed by me, for what that's worth.
 
but all class lll weapons are still subject to approval and still require the proper registration and taxes paid, paperwork, and licensing, before anyone can properly own it. Once all of this has been properly done, then anything that qualifies as a C&R under the ATF classification, may legally be transferred directly to that C&R holder without going through another dealer, after the proper transfer required for class lll weapons has been submitted and approved by the ATF along with the transfer fees being paid.
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Yes, but this part is the dead end when dealing with a machine gun. The Hughes Amendment to the Firearms Owners Protection Act made it illegal for individual ownership or transfer of any fully automatic weapon which was not registered as of May 19, 1986.

There are no more machine gun registrations, and have not been for 27 years.

The only real way for an individual to own a MG42 is to find a transferable one (meaning one that has been in the country and registered by the cutoff date) for sale and buy it. There is one available here for $36,000

The other option is to get your 07 FFL and SOT and build one.
 
This is an easy question. Provided the machinegun is legally transferable (as in, NFA registered prior to FOPA) then yes, it may be delivered directly to the 03 FFL and entered into his bound book, etc.

I really think some sympathetic congressman should be lobbied to make a C&R exemption to the Hughes amendment. There is really no reason why collectors should not be allowed to, well, collect NFA regulated machineguns from five decades ago. The next time we have a Republican president, the NRA should get on that.
 
All firearms over 50yrs old are C&R, whether on the BATFE list or not. The only atvantage is for out of state transfers. An out of state transfer usually goes thru a dealer in the other state to a dealer in your state, then to you, with a single transfer tax. If the transfer goes from an out of state individual to an out of state dealer to an instate dealer to you TWO transfer taxes are paid. With a C&R it goes from the out of state dealer directly to you, a single tax ALL FOREIGN made NFA weapons, Full autos, suppressors, SBR's, SBS's and Destructive Devices IMPORTED after 1968 (because of the GCA of 1968) are NOT transferable to individuals. This is because the GCA of 1968 only allows importation of firearms that have a sporting purpose. This why you never see ORIGINAL factory foreign made NFA firearms for sale that have been imported for sale after 1968, they are not transferable. This is also why you seen so many foreign made semis that have been converted to full auto. The 1986 Hughes Amendment to the Gun Owners Protection Act is a different law. This prevents the registration as transferable of ALL full auto weapons. There is lots of misinformation in this thread.
 
A C&R can be transferred directly from an individual owner to a C&R licensee in another state without going through any dealer. That includes NFA firearms that are C&R, like a WWII MG42 or TSMG, once the Form 4 is approved. Further, on Form 4 approval, an NFA firearm can be delivered or shipped directly from an individual seller to an indivdual buyer in the same state without any dealer involvement, unless state law specifies otherwise.

Jim
 
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