[LAR-15]

registered with the NFA or Fed.gov to be legal?

I know North Carolina does for everything but AOWs.

NC law makes no mention of AOWs.

[Hkmp5sd]

By definition, an NFA weapon must be registered with the federal government to be legal in any state.

[Third_Rail]

I think that he may be checking to see which states specifically don't include "and has to comply with all NFA regulations" stuff in the laws.


Kind of interesting to see how few don't include that.

[Matthew748]

Illinois makes it real easy for us. No NFA or class III type items are allowed period. No full autos, no silencers, no short barreled rifles, no destructive devices, and so on. It sure takes the guess works out of things, but in a bad way.

[Al Norris]

In Idaho, we can own any weapon, as long as we comply with all Federal Regulations.

[armoredman]

AZ - any weapon on the National Registry is legal, and may be carried open, or concealed with CCW permit.

[geekWithA.45]

PA has the NFA compliance clause.

Basically, states have this clause on the books so they can also have jurisdiction to investigate and prosecute NFA violations.

While I'm not overjoyed on that, we've all got bigger fish to fry than machine guns.


The simple fact is that we won't get getting machine guns back until

A) the "sporting purposes" clause is thoroughly repudiated and
B) the phrase "shall not be infringed" is thoroughly upheld.

[wdlsguy]

Texas also requires NFA registration.

"It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended."

http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.05.00

[LAR-15]

Yes I meant state law specifically requires NFA weapons to be registered with the NFA to be legal.

So PA, AZ, NC and TX require it.

[444]

I don't know about Nevada.
Correct me if I am wrong, but I believe you are talking about a senario like this supreme court case, Stewart vs............ If it was decided that machineguns or suppressors or whatever were legal to buy new as long as they were not sold in interstate commerce etc. In some states they would be illegal because of a state law requiring a federal tax stamp.

[Dmack_901]

Good point ^. I don't know about FL, but if Stewart does win the topic will be null. Does anyone have new info on it? Last I heard they issued petition to the SCOTUS for an appeal. Did the court deny him? ignore it? I know I'd know if they sided with Stweart. That would be blasted all over the news.

[dolanp]

They remanded and said "See Raich" basically. Which means essentially that SCOTUS doesn't agree with the 9th Circuit. That little marijuana ruling had a much bigger effect than some people realize.

[Kamicosmos]

How exactly would this work?

So, Bushmaster is based in Maine. So they could sell Machine Guns to residents of Maine, and those guns could never leave the state? Not much of a benefit for us outside of Maine, but I can see why that's an important ruling, re: interstate commerce.

Also, what about Title II dealers/gunsmiths? I know of a couple here in Missouri. So, they buy a FA Bushmaster, how can they then sell it to me? Or can I take my Bushmaster (or my WASR) to them, have them convert it to full auto, and everybody's happy, since the gun 'is in and will stay in MO'? Would it become a transferable gun? Cause otherwise, other than the point of interstate commerece, if my spiffy FA rifle is required to be destroyed upon my death...not much benefit again.

Or is this more of a people-in-a-state-with-a-machine-gun-maker-are-happy-but-the-rest-of-you-are-in the-same-situation kind of deal?

[dolanp]

At this point it doesn't matter if it's intra-state because Stewart made his own machinegun and he is not winning.

[444]

Well, I doubt if it will ever come to pass, but as I understand it, you could do all kinds of things like spending a 1/2 hour in your garage and make yourself a lightning link. Or, you could buy M16 parts and install them into your AR15. You could install a 10" barrel. You could build yourself a suppressor. If you couldn't do any of this yourself, you could have a local gunsmith do it.
This is NOT legal now and probably never will be.

[boofus]

If Samuel Colt, Hiram Maxim, or John Moses Browning had to deal with this kind of nonsense we would all be speaking Apache, German, or Japanese right now.

[444]

I doubt it.