Is it a violation of the NFA?

Since I don't know what a "lightning link" is and because the lower is a "stock" 1999 Bushmaster, I'm guessing I don't have it. However, I'm curious, so can you tell me about it? Thanks.....Rocket

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The lightening link is 1.5 ounce, $10,000 piece of heavy sheet metal that probably cost a nickel or two to make.

It's a two piece unit that causes the rear catch to release the hammer when the bolt reaches full forward position. The bolt hits the tang which, using the rear takedown pin block on the upper as a pivot, draws the link backwards, pulling the catch back with it.

As for your lower; Stock AR lowers typically cannot accept M-16 FCG or a DIAS without milling. Having all the parts on hand plus a lower that can accept them = guaranteed constructive possession if you got caught.

PocketRocket said:

The BATF ruled that any auto sear manufactured after November 1, 1981 was classified as a machine gun and had to be registered. I can’t speak for this current time, but at that time any documentable auto sear manufactured before that date was legal to own without any BATF paperwork.

I am unaware if there has been any changes in this ruling. Does anyone have any verifiable information to the contrary?

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Uh... you're wrong. It is illegal in this nation to be in possession of a machine gun or other NFA/Class 3 firearm or device without a canceled tax stamp, regardless of when it was made.

BATFE Website said:

Q: May a private citizen who owns an NFA firearm which is not registered have the firearm registered?

No. The NFA permits only manufacturers, makers, and importers to register firearms. Mere possessors may not register firearms. An unregistered NFA firearm is a contraband firearm, and it is unlawful to possess the weapon. The possessor should contact the nearest ATF office to arrange for its disposition.

[26 U.S.C. 5861(d)]
Q: What can happen to someone who has an NFA firearm which is not registered to him?

Violators may be fined not more than $250,000, and imprisoned not more than 10 years, or both. In addition, any vessel, vehicle or aircraft used to transport, conceal or possess an unregistered NFA firearm is subject to seizure and forfeiture, as is the weapon itself.

[49 U.S.C. 781-788, 26 U.S.C. 5861 and 5872]
Q: What should a person do if he or she comes into possession of an unregistered NFA firearm?

Contact the nearest ATF office immediately.

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PocketRocket said:

Rail Driver - I’m not wrong. In August 1981 I purchased a documented DIAS at the Hollywood Sportatorium in Broward County, FL. I was a homicide investigator at that time and I was not interested in losing my career and doing cop-time in prison over a felony conviction so I went to the BATF office in Miami in November 1981 to verify what I posted. The agent I spoke with was a former department squad-mate and he assured me that was the case. Note that I did this in November 1981 as I stated, “…at that time.”

I knew some of the changes that were made to the GCA in 1986, but not all the changes.

The postings you made are subsequent to those changes and that is the information I was looking for. I appreciate that, however, I find your, “Un… you're wrong” comment to be impolite.

Did I read you wrong because that is just your usual demeanor or were you trying to be arrogant?

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I was pretty much serious. As far as regulations in 1981, yeah you MAY have been legal to own unregistered NFA items back then, but post 1986 that is NOT the case. If you are in possession NOW of an unregistered machine gun or other NFA regulated item, you are in violation of federal law, subject to 10 years in federal prison and up to a $250,000 fine.

Your statement read like you were saying that because of the ruling in '81, you would be legal to have one now. That's what I was responding to.
I posted the supporting information including legal citations below that.

If you're interested in getting into NFA items, I think you should research the BATFE website for the relevant regulations before making any plans so that you don't get yourself into hot water with the wrong agencies.

I don't support the NFA or the GCA in any way, shape or form, but I would very much hate to see someone go to prison over a misunderstanding.

^^^^^^This. If you have that item now, and it was never put in the registry, AND you have the paperwork, you better an attorney to contact ATF for you. It wasnt grandfathered. It must have been registered, or it is now contraband

I'm going to pile on the last couple of posts and go ditto.

Right now there is no such thing as a legal non registered, i.e. no BATFE Tax stamp, NFA item - period - no exemption's or exceptions (for us mere civilians).

If someone disagrees with this statement I would LOVE to be proven wrong, just please cite the law or BATFE ruling that would make it so.

The relevant laws have been cited.

Big boy rules apply, and what individuals choose to do with that information is up to them.

Regards,

Rob

Pocket Rocket is correct and AFAIK there has been no change. When the DIAS was ruled to a be a machinegun, those in existence were NOT called in or made illegal. Only ones made after that date (I am not sure of the date, but I can find out if you need to know) had to be serial numbered and transferred on a Form 4/5.

BUT, those early DIAS's are legal to own ONLY if the owner does not have a semi-auto AR-15; if he does then he is in constructive possession of an unregistered machinegun (not the DIAS, but the AR-15 which can be readily made into a machinegun).

There also are a few AR-15's with DIAS's installed that were registered prior to the 1986 law. Those are registered as machineguns under the AR-15 serial number; the DIAS's are not numbered.

Jim

Jim K - can you cite the relevant legal exception / exemption you reference ?

As you know this is a very serious issue, and I think its best that the actual laws or written policies get referenced.

Regards,
Rob

Would love to see that in writing

Here, let's see if we can't clear this up completely -

Yes, it is POSSIBLE to be in possession of a pre-'81 DIAS legally ONLY (and I repeat this with strong emphasis) - ONLY if you DO NOT also own or possess a semi-automatic AR-15.

See the following linked article.

http://www.titleii.com/bardwell/ar_15_auto_sear_faq.txt

It's a long read, but explains in extreme detail, citing several court cases and statutory law, exactly why it's illegal to possess a pre-'81 DIAS and a semi-auto AR-15, and further that YES it IS illegal to install and use.

The only legal way currently to have a full auto AR15 without paying the $200 tax stamp and the ungodly sum of money required for a registered DIAS, lightning link or receiver, is to go spend $350 on a SSAR15 bump fire stock. (The SSAR15 stock allows you to simulate full auto fire. The company also makes a unit for AK pattern rifles)

Rail Driver - that is a *very interesting* read. Thanks for posting the link.

Regards,
Rob

Edited to add. The linked piece was definitely a VERY interesting read and worth loosing sleep over. I think the most relevant case talked about was near the end - US vs Cash, a good argument is made that would very likely be brought up in any future case involving prosecuting someone in possession of a "Pre '81" unregistered DIAS.

I also want to point out that BATFE ruling 84-1 is just that, a ruling, not law It does not carry the same weight of law and could at any time in the future be changed at the whim of the BATFE.

If I understand all this correctly

1. Pre '81 DIAS are legal to own, however one could not own an AR15 rifle at the same time, in essence making this piece of metal totally worthless. (Plus if it ever came down to it you would have to prove it was manufactured prior to '81)

2. Trying to use a pre '81 DIAS in *any* weapon to convert it to full auto fire would be illegal.

3. You could not legally transfer the part to anyone. The only way to get it out of your hands would be to destroy it.

4. It can never be registered as a DIAS.............because it wasn't one in.....1986 ??

.........................I think I am now more confused than ever. But its an interesting discussion none the less.

So the question is, do you own an AR platform gun? Every friend of mine who shoots has one.