Fullauto transfer from police to private owner??


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barnetmill
December 10, 2011, 08:47 AM
From what I understand there is a cut off for registrations of new full auto firearms made after 1986. I have two related questions:

Many police departments have full autos made prior to 1986. 1- Can these be transferred to a citizen for private ownership?
2-If the full auto weapons possessed by a police department or nuclear facility were made after 1986 can they be transferred to a citizen for private ownership?

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dprice3844444
December 10, 2011, 09:54 AM
1. yes,unless they are samples
2.any manufacture after 86 are post samples,dealers/gov only

S.W.G.
December 10, 2011, 12:34 PM
A relative in my extended family works in law enforcement out west.

About a decade ago, someone organizing paperwork noticed that they had two factory Colt M16's that were actually civilian transferable. The chief, recognizing an opportunity, sold them off and used the proceeds to update their arsenal.

Two more MG's in civilian hands, and a police force gets some shiny new M4-style Colt's for their SWAT team.

Everyone wins!

TexasRifleman
December 10, 2011, 12:35 PM
About a decade ago, someone organizing paperwork noticed that they had two factory Colt M16's that were actually civilian transferable. The chief, recognizing an opportunity, sold them off and used the proceeds to update their arsenal.

Some department did that with an M16 a year or 2 ago. I want to say it was Indiana but I can't remember for sure. Went for close to $20k if I remember right.

Wonder how many of those might still be out there in some department closet.

To the OP's questions:

1- Can these be transferred to a citizen for private ownership?
2-If the full auto weapons possessed by a police department or nuclear facility were made after 1986 can they be transferred to a citizen for private ownership?

1) The answer is maybe. If the department obtained them on a Form 3 then they can be transferred to civilians. However, LE agencies can obtain full auto through other methods too and those are not transferable, even if pre '86. Only if they are on a Form 3 (or 1 which is unlikely) can they be transferred.

2) Not a chance.

barnetmill
December 10, 2011, 06:07 PM
Thanks for the definitive answer for question #2 and the in's and out of #1. What are forms 1 and three? I know LE agencies did get some FA from government agencies like the DoD at various times and these I assume are not transferable to civilians.

armoredman
December 10, 2011, 06:13 PM
Yep, I know an armory that has two full auto American 180s 22lr rifles in it, obtained prior to 1986, and neither is transferable. Since we won't use them for anything, they will sit there until the armory crumbles to dust.

Deltaboy
December 10, 2011, 06:21 PM
Sad you need to get them out for a Dept get together at the range.

Jim Watson
December 10, 2011, 06:21 PM
My agency got lucky.
Their old arsenal was transferrable, so they sold Thompsons and Reisings through a dealer into the commercial market and used the proceeds for Ruger AC 556s. About which the instructor grumbled that they were too cheap to pay $50 more for M16s.

They also liquidated non NFA guns like Winchester 97 and 12 riot guns and several 92 and 94 carbines to fund Remington 870s. Not to mention selling off all the sporting guns confiscated by hunters sneaking onto the large reservations.

CleverNickname
December 10, 2011, 09:20 PM
1) The answer is maybe. If the department obtained them on a Form 3 then they can be transferred to civilians. However, LE agencies can obtain full auto through other methods too and those are not transferable, even if pre '86. Only if they are on a Form 3 (or 1 which is unlikely) can they be transferred.

It'd be a form 5. A form 3 is for tax-free SOT->SOT transfers. A form 5 is for tax-free transfers to & from government agencies and from estates.

GoingQuiet
December 10, 2011, 09:52 PM
From what I understand there is a cut off for registrations of new full auto firearms made after 1986. I have two related questions:

Many police departments have full autos made prior to 1986. 1- Can these be transferred to a citizen for private ownership?
2-If the full auto weapons possessed by a police department or nuclear facility were made after 1986 can they be transferred to a citizen for private ownership?

1. Yes.
2. They cannot.

GoingQuiet
December 10, 2011, 09:54 PM
It'd be a form 5. A form 3 is for tax-free SOT->SOT transfers. A form 5 is for tax-free transfers to & from government agencies and from estates.
Actually, prior to the existence of Form 5 - Form 3's had a spot for tax free agency transfer.

TexasRifleman
December 10, 2011, 10:17 PM
Actually, prior to the existence of Form 5 - Form 3's had a spot for tax free agency transfer.

Thanks. That's how I remember it from back in the 80's but it's been a looong time since I've seen any of that stuff. I'm pretty sure that it would have been a Form 3 prior to 1986 but maybe not.

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