How to own a Legal "SMG" no Stamps?

Status
Not open for further replies.
I still think we need to have stonewall50 tell us what he's really asking. Does he want to buy an SMG (submachine gun, and therefore by definition an NFA item), or is he really asking about a semi-automatic toy that looks like an SMG?
 
Does federal law define a Remington Model 870 12 gauge shotgun with a rifled barrel installed at the manufacturing plant (and no other barrel included) to be a "rifle?"
 
^^^ Although a firearm with a rifled bore more than 1/2" in diameter is normally considered a destructive device, there is a specific "carve-out" in the "shall not include..." section of 26 USC § 5845(f) for rifled slug guns.

From the law, my emphasis in boldface:
The term “destructive device” shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10 of the United States Code; or any other device which the Secretary finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.
I suggest that this topic be given its own thread if we intend to discuss it further, as it has little to do with the original SMG topic (which remains ambiguous in itself).
 
doesn't Montana allow you to build any gun you like as long as you keep it in state and do not transfer it?
"i am not a lawyer"
 
...doesn't Montana allow you to build any gun you like as long as you keep it in state and do not transfer it?

Not in real life. The Ninth Circuit held against the validity of that law, and the Supreme Court decline to hear the case. So federal law still applies.
 
The OP hasn't been back since early March, so, we'll assume his question was answered, and put this thread to bed.

Closed.
 
Status
Not open for further replies.
Back
Top