2 shot select fire legality?

[Kentucky]

OK, I know this is a stretch. A LOONG Stretch. If not, someone would have discovered this loophole already. I was browsing through the NRA's TN state Firearms Laws Guide and I noticed that it stated

A machine gun shall be defined as any firearm that is capable of shooting more than two (2) shots automatically without manual reloading, by a single function of the trigger.

So theoretically under Tennessee state law a select fire rifle that fired two shots per trigger pull would be legal? I suppose the Federal Law overrides this state law making it a moot point?

 

[Brian Williams]

Federal law and ATF supercede the state in this aspect.

 

[TexasRifleman]

So you get to enjoy Federal prison instead of State prison.

Not sure what kind of loophole that makes for

 

[rcmodel]

That law was written to exempt all those old Moonshiners & Hillbillies double-barrel shotguns.

Many of them are so old & worn out that both barrels go off when you only pull one trigger.

Ye-ouch!!!!


rcmodel

 

[RobTzu]

A loophole is what you get when you drop the soap in federal prison!

 

[SDC]

This may have something to do with the decision around a Mini-14 modification I saw a while ago, where the trigger-group was modified (fairly easily, I might add) so that one shot was fired when the trigger was SQUEEZED, and another shot was fired when the trigger was RELEASED. IANAL, but I believe ATF's stand on this was that this still constituted only one shot being fired per trigger squeeze.

 

[eric_t12]

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.

Section 922(0), Title 18, U.S.C., makes it unlawful for any person to transfer or possess a machine gun, except a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or any lawful transfer or lawful possession of a machine gun that was lawfully possessed before May 19, 1986.

 

[Neo-Luddite]

SDC is right about the mod that works on a Mini (or even an M-1 garand for that matter) creating a release 'double tap'. I would bet that the state law mentioned is probably born of the double shotgun as mentioned. Illinois, IIRC has some bizzare statute about 8 rounds with a function of the trigger mechanism--no idea why. And as Brian said, Fed law trumps it all.

BTW--I don't recommend the mod to the mini even if legal--it's counter intuitive for most shooters worry about the release-fire function.

 

[TexasRifleman]

BTW--I don't recommend the mod to the mini even if legal--it's counter intuitive for most shooters worry about the release-fire function.

Some of the high end trap and skeet guns are set up to fire on release. It's more common than you'd think but you are right, it's still pretty hard to get used to.

 

[Neo-Luddite]

Very true, TexasRifleman, and I know that set up is pretty common with serious shotgunners. I've been tempted to experiment with the mini but with ammo at .50 per squeeze--I can't afford the novelty.

 

[tsidorus]

yep, my uncle has a beretta 12ga o/u he brought back from Italy (before such things were so difficult) that when the 2 was selected would fire both barrels... kinda a hard lesson to learn at 14 (i.e. it hurt, a LOT). But on the bright side the squirrel never saw it coming.

-Tsi