It is not illegal to have FA parts unless it is a "collection of parts" designed solely to convert a firearm into a machinegun. A kit containing ALLthe FA parts would be a "collection of parts" designed solely to convert a firearm into a MG and would be illegal in itself, so I don't think he has all the FA parts.
legal question
- Thread starter pirogoeth
- Start date
Possessing the FA parts for a firearm without possessing a semi-auto firearm in which they can be installed is legal. It is the same as having a 10" barrel for a Remington 870. As long as you do not possess a Remington 870, it is legal to possess the short barrel without any registration. By possessing both the short barrel and the shotgun, you have constructive possession of a SBS and it is illegal if not registered. You have to have the parts to assemble an illegal weapon to be illegal. Without the host weapon, the other stuff is just pieces of metal (excluding suppressors, of course).
The exception to the rule is the post 1981 DIAS. ATF has ruled that these are machineguns by themselves, whether or not you actually have a host gun to put it in. That is what Shaggy was referring to.
The exception to the rule is the post 1981 DIAS. ATF has ruled that these are machineguns by themselves, whether or not you actually have a host gun to put it in. That is what Shaggy was referring to.
Wrong. If you have the complete "combination of parts" to convert then you have a machinegun, even with nothing else.
27 C.F.R § 479.11
Machine gun. Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
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For example, all the parts to convert an AR-15 to an M-16 configuration, or all the parts to convert an M-1 carbine to M-2 configuration.
27 C.F.R § 479.11
Machine gun. Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
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For example, all the parts to convert an AR-15 to an M-16 configuration, or all the parts to convert an M-1 carbine to M-2 configuration.
- some states make it illegal merely to FA parts which can only fit a FA firearm,
so in the above scenarios, it may be illegal just possessing a FA (only) bolt
carrier, etc
- "stash it at mom's"....does not withstand legal test of possession. why?
because it has been determined that you still have dominion over her place
of residence, exceptions notwithstanding. most people can come and go
over at mom's just as easily as your own. check it out. specific cases cited
over on Bardwell's site.
so in the above scenarios, it may be illegal just possessing a FA (only) bolt
carrier, etc
- "stash it at mom's"....does not withstand legal test of possession. why?
because it has been determined that you still have dominion over her place
of residence, exceptions notwithstanding. most people can come and go
over at mom's just as easily as your own. check it out. specific cases cited
over on Bardwell's site.
douglasschuckert
New member
Raymond is correct!
Some states (check out www.packing.org) allow possession of one or the other, but NONE, ABSOLUTELY NONE, allow the possession of both. If you go out and purchase a simi-ak47 and have in your possession the prerequisite parts to make it full auto, you effectively have, a POST-86 sample (unregistered). As most of us know, and for those that don't, only SOT's/LEO Units/and Military Units, no individuals, can possess a post sample.
The BATF&E will absolutely crucify people that have both regardless if they are installed or not. To them you are ‘in possession of an illegal made machinegun’.
DONT DO IT!
The 'Keep it at mom's or a friend's' thing is crap too... The BATF&E will still legally and effectively (regardless of attorney) eat your lunch and your ass (at the same time).
Besides, what in all actuality would you want with a simi-gun and the full auto parts? Just to have??? Honestly... Unless you own land way out in nowhere-land, you cant shoot the thing full auto... If the po-po's show up and you cant produce paperwork, the closest you will EVER be able to legally come to a firearm is in your favorite magazine.... Once you've paid the fine, and gotten out of jail when your ohhhhh.... 90.... Do youself a favor... JUST DONT DO IT... If you want a full auto and dont want to pay the 15K for one, then get your 07 FFL & C2 SOT. Then you can build all the full auto's you want (its more detailed than that, but...)
Some states (check out www.packing.org) allow possession of one or the other, but NONE, ABSOLUTELY NONE, allow the possession of both. If you go out and purchase a simi-ak47 and have in your possession the prerequisite parts to make it full auto, you effectively have, a POST-86 sample (unregistered). As most of us know, and for those that don't, only SOT's/LEO Units/and Military Units, no individuals, can possess a post sample.
The BATF&E will absolutely crucify people that have both regardless if they are installed or not. To them you are ‘in possession of an illegal made machinegun’.
DONT DO IT!
The 'Keep it at mom's or a friend's' thing is crap too... The BATF&E will still legally and effectively (regardless of attorney) eat your lunch and your ass (at the same time).
Besides, what in all actuality would you want with a simi-gun and the full auto parts? Just to have??? Honestly... Unless you own land way out in nowhere-land, you cant shoot the thing full auto... If the po-po's show up and you cant produce paperwork, the closest you will EVER be able to legally come to a firearm is in your favorite magazine.... Once you've paid the fine, and gotten out of jail when your ohhhhh.... 90.... Do youself a favor... JUST DONT DO IT... If you want a full auto and dont want to pay the 15K for one, then get your 07 FFL & C2 SOT. Then you can build all the full auto's you want (its more detailed than that, but...)
In this country you can go to prison for possessing a .22 pistol in your pocket depending what kind of Anti-Rights and Anti-carry state or city it is.
Its all a dumb joke if you ask me I seriously think there is some major flaws in this country especially with all the big cities and some of them states.
I personally think its so dumb to go to prison for just owning full auto parts and whats next going to prison for owning a Semi-Auto AK you know that will have crossed the line with me when they ban semi-auto rifles and make mandatory confiscation then I will have the rifle ready for action and War will be declared throughout America in 2009 if Barack ObAMA,Hilary,or some other stooge like that will win presidency I will vote for Ron Paul who is Pro-Rights and the right guy to be president.
You know how many friends you can make in prison?
And how much fun you will have in there for 10 years with killers and rapists?
Seriously Mixing non violent offenders with killers and rapists is the best mix in the world they will have a party and a wonderfull time.
Its all a dumb joke if you ask me I seriously think there is some major flaws in this country especially with all the big cities and some of them states.
I personally think its so dumb to go to prison for just owning full auto parts and whats next going to prison for owning a Semi-Auto AK you know that will have crossed the line with me when they ban semi-auto rifles and make mandatory confiscation then I will have the rifle ready for action and War will be declared throughout America in 2009 if Barack ObAMA,Hilary,or some other stooge like that will win presidency I will vote for Ron Paul who is Pro-Rights and the right guy to be president.
You know how many friends you can make in prison?
And how much fun you will have in there for 10 years with killers and rapists?
Seriously Mixing non violent offenders with killers and rapists is the best mix in the world they will have a party and a wonderfull time.