Desperately Need Expert Class 3 Help

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tmaca

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Let me tell you a story I'm writing. Once upon a time, a company, prior to 1984, made some M14 clones. They made their own receivers, then used 100% USGI parts, purchased from both the military and the original M14 makers, to build rifles. At some point after about SN 9000 or so, they started using a slightly different receiver, and parts bought from China. Many years later, in 2008, someone saw one of these M14 clones, SN way below 9000, for sale, advertised as a semi auto M14 clone. This person knew a little about this company, and thought it was a great deal for what was probably the closest you could get on the civilian market to a real USGI M14, and he bought it.

Months later, he was reading some technical info on the difference between USGI M14 receivers, the select fire receivers built before 1984 by Springfield Armory and Smith Enterprises, and all the other M14 receivers which, including the rest of the Smiths and Springfields, were semi auto only. He looked at his semi auto receiver, and saw that it looked a lot more like the description he was reading for select fires than the description for semi autos. But he just wasn't sure. What did "at the center of the rail" mean, as opposed to "at the rear of the rail"? What did a "groove on the underside of the front of the rail" actually look like? And there was no selector lug at the right rear of his receiver. But there was an area of "raw" metal where he figured it would have been. Maybe from someone cutting something off? And why the heck would anyone cut the selector lug off of a valuable select fire M14 and pass it on as a semi auto? Plus, as far as he had ever heard, this company only ever made semi auto receivers.

But he also knew that chopping the selector lug off of an M14 receiver does not change its legal status as a Class 3 firearm. If it did, there'd be thousands of them on the market, sold in the 1970s as military surplus. And he's a retired disabled soldier, who also used to be a cop, and he wasn't going to intentionally break any law.

So he kept digging. And eventually found a gun forum entry, from 2003, where someone was asking for info on just exactly what kind of a .308 it was that he had purchased at a gun show. The writer described it as having "US RIFLE 7.62MM M14SA XYZ CORP" on the receiver, and a SN of Cxxxx. A person who was an M14 expert had written back that the fellow had bought an XYZ Corp semi auto M14 clone, built from an XYZ Corp semi auto receiver and USGI parts and components. Our hero grabbed his own M14 and checked the receiver. It was inscribed just like the one mentioned in the forum except for a slight difference. Where the rifle in the forum had "M14SA", which supposedly meant Semi Automatic M14, his rifle only had "M14A", And his SN didn't have a letter C or, for that matter, any letter, just 4 numbers. At that point he really started getting worried.

A few days later, he located a gun shop that had a select fire M14, a dealer's sample from before 1984, on hand. He went to the gun shop, where they let him field strip the select fire M14, and he started measuring things on the receiver. The exact location of the operating rod dismount notch. The exact location and size of the groove on the underside at the front of the receiver rail. And the location of the selector lug. Later, he compared everything to the receiver on his, supposedly semi auto, M14. The only thing that wasn't an exact match was the fact that his receiver had no selector lug. But that area of "raw" metal on his receiver was exactly where the selector lug was on the select fire M14. At that point he became 98% convinced (after all, there might be some other explanation) that the XYZ Corp had made some select fire M14s, just like Smith and Springfield had, that some idiot had in the past chopped the selector lug off one of them and sold the rifle as a normal semi auto M14 clone, and that he now owned that rifle. He also, unfortunately, knew that, legally, it was still a Class 3 machinegun as far as the BATF was concerned.

Now, our hero does not want to break the law. He also does not want to just lose all the money he put into his newly bought, and what he thought was strictly semi auto, Elk hunting rifle. Even as a semi auto clone, an M14, especially one that is 100% military except for the receiver itself, is not cheap. Not to mention the money he put into things like a $600 scope, an original military leather M14 sling, an original USGI M14 butt stored cleaning kit, and several magazines, all of which will be useless to him without the rifle. We leave our hero at this point, as he wonders what to do and searches for a lawyer, which he is having a very hard time finding.

In order to finish this story in a realistic sounding manner, I need information. What can our hero do? Assuming that this rifle was at one point a legally registered Class 3 firearm, and that it was never reported demilitarized or destroyed, but somehow got separated from its paperwork, and also that he can prove that he bought it in all innocence, with no reason to even suspect that it might be a machinegun, is there any way at all that he can possibly get it re-registered? (After paying a big fee, no doubt.)

Is there perhaps some individual part, besides the whole receiver, which is, in and of itself, registered as a machine gun, like the automatic sear for an M16, which he could buy on a Form 4, and then use that as the registration for his M14?

If he's just screwed, can he get away with having a gunsmith strip everything off of the receiver, surrender only the receiver, then buy a semi auto, but compatible with USGI components, receiver so he'd at least still have a rifle?

If he has to surrender the rifle, or even just the receiver, will he have any recourse against the guy who sold it to him as a legal semi auto rifle?

Of course, the worst possible ending for this story would be for the rifle to turn out to have been stolen, which would explain why someone might have wanted to disguise it as a semi auto. If I end it that way, our hero loses the whole darned thing, so I'd rather not. I prefer happy endings. However, he is at least as worried that someone may have had his select fire M14 stolen years ago as he is about breaking any Class 3 possession laws himself, so it has to be considered as a possibility. I just do not have the level of expertise needed to finish writing this story in a realistic manner. Help, someone.
 
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he's just screwed, can he get away with having a gunsmith strip everything off of the receiver, surrender only the receiver, then buy a semi auto, but compatible with USGI components, receiver so he'd at least still have a rifle?
Sound like the best option for our hero. That being said, I'm not class three expert, but the "once an MG, always an MG" is scary stuff. My inexperienced opinion would be to strip the receiver, and cut it up.
 
If it is possible to just swap out the receiver with one that makes it a semi, does that mean the possible fa receiver ever existed?
 
Receiver never existed?

Depends on the gun, in a way. But with an M14, the receiver itself is what makes it a machine gun, according to the BATF. Or whatever they might call themselves now after the Homeland Security reshuffle of government agencies.

The receiver being the machine gun, what might happen to the rest of the rifle doesn't really matter. Remove the select fire receiver, the "machinegun" goes with the receiver - the rest is just some gun parts. Sort of like the "machinegun" goes with the full auto sear from an M16. But even removed from the rest of the rifle, the receiver itself would be a Class 3 firearm and, if not registered, subject to confiscation as contraband, and even possible criminal charges against the possessor if he knew about it.

The only way I know of to make an originally select fire M14 not exist anymore is to take the receiver and demilitarize it. And I'm not certain if it would even be legal for our hero to keep it long enough to demilitarize it by BATF standards, which require cutting it into at least 3 pieces, with at least one half of an inch width of metal being totally removed with each cut.

The large problem with our story is that our hero would like to find a legal way to keep the whole darned thing. He doesn't want a full auto M14, as a full auto rifle the M14 is a piece of crap, but he'd like to be able to keep the rifle which he paid, in good faith, good money for.

The secondary problem is that BATF agents have been known to be just a bit overenthusiastic, and might confiscate a whole rifle even though all they should legally take is the receiver. And if that happens our hero will have to spend tons of money which he does not have to go through the required process, which always involves an actual federal court case, to get everything but the receiver back.

This is why information from an actual Class 3 laws expert is needed. After all, even a fiction story, which this of course is, needs to be believable, meaning as true to reality as it can be, right?
 
Do you mind if I send a link to this to a friend that is a retired BATF guy? He looks on here from time to time for something interesting to add to his collection when he's not fishing, so he's not one of the gun teetotalers.
 
Sending it on

Please do. But please point out to him that this is just a story, and that our hero is a US combat veteran retired on account of disability who also spent a few years as a law enforcement officer, who doesn't have a lot of money on his "fixed income", and that he bought the thing in perfectly good faith, believing it to be a perfectly legal semi auto, especially since he'd never heard of the XYZ company having made any select fire receivers. Also, that while he hopes there would be some way to get the thing registered again, since it obviously was at one point, the ending of the story is going to have to be in accordance with the law. He could have just kept his mouth shut and kept the darned thing, and in the extremely unlikely event he ever got caught just said he didn't know what it was, he could easily prove he bought it as a normal semi auto M14 clone, but he just doesn't believe in breaking the law just because you can get away with it.
 
If you know how to cut apart the receiver, that's one option. Option 2 is to turn it over to the ATF and mention that you thought you bought a semi-auto until you tried to upgrade it and realized that none of the parts seemed to fit. All conspiracy theories aside, they can't arrest you for being honest. Moreover, you may in fact have been one in a number of people who were unwittingly scammed into purchasing an illegal machine gun. There could very well be financial recourse involved (such as suing the original manufacturer for selling you an MG without you knowing). As a caveat, some pre-1986 semi-autos were pretty close in scope to MGs. For instance there are open-bolt Mac-10 semi-autos that basically have the select-fire hole welded over (seriously, take a look some time). There may very well be the possibility that your "M-14" is such an item. I think 1982 was the cut-off date for the open-bolt Macs, so I'm guessing it'd be a similar date for other weapons that were "dangerously" close to being an MG.

I want the MG registry open as much as the next guy, but the law is the law.
 
Your hero needs to talk to an attorney familiar with Title II issues.

You might want to repost your story over at www.uzitalk.com or subguns.com and see if one of the people at those more NFA oriented boards can point you in the right direction.
 
I don't think the original manufacturer would have been at fault. In this story, it was originally legal. It was made way before 1984.

The idiot who chopped off the selector lug and sold it to someone as a semi auto is at fault, and at this point, God only knows who that was. If there was even one person to person sale or, if it was pre-brady, maybe even a gunshop sale, as a semi auto, it wouldn't be traceable.

I'm just hoping I can find legal backup for writing that our hero was able to get it re-registered on account of it is still the same firearm that was registered before, but just got separated from its paperwork.
 
Couldn't post it at UZI, they're strictly UZIs, and I couldn't find a link for posting anything anyway. I was able to put it on the legal messageboard at subguns. I hope I can get some accurate answers.
 
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