DIAS question

[Chipperman]

Right now I own a post-ban Bushy. I am looking into a DIAS, installed in a pre-ban Bushy.
If I were to buy this gun, could I then take the DIAS and all of the M16 parts out, and switch them to the post-ban Bushy?

That would allow the post ban, as a host, to have all the evil features, and the former-host as a documented pre-ban to still have all the evil features.

Are there any sticky points to this? Is the DIAS "married" to the lower in an AR?

Thanks

 

[Peetmoss]

Never mind missred your post. From everything I have read what you want to do is perfectly legal as long as the machine gun parts are legal.

 

[Hkmp5sd]

The DIAS is a registered machinegun according to ATF. To answer your question, if you take the DIAS out of a pre-ban lower and insert it into a post-ban lower, that post-ban lower is now considered a machinegun and you can have all of the evil features you want. You can even put the short M4 barrels on it.

Just make sure you remove ALL M16 parts from the pre-ban lower.

 

[Chipperman]

So there is no ATF paperwork needed to switch lowers?

 

[Jim K]

Sounds good, but I somehow think there is a catch someplace, and I would check with BATF before assuming anything or taking the word of anyone here on the legality of your project.

Hkmp5sd's post sounds logical, but I seem to recall a ruling that since the registered DIAS is the machinegun, its installation does NOT make the host weapon a machinegun (else it would have to be registered also) and it is illegal if it is post ban with more than one "evil" feature or has a short barrel.

FWIW, try to make sure you get a quality DIAS and fire the rifle if at all possible. The problem is that many of the registered DIAS's are junk. I have been told by people who know that it is hell to pay big bucks for the DIAS, plus the transfer tax, plus the parts to make it work, then have it wear out or break in less than a hundred rounds, but that is what has happened.

Jim

 

[Hkmp5sd]

Deaprtment of the Treasury
Bureau Of Alcohol, Tobacco and Firearms
Washington D.C. 20226

April 7, 1995

E:CE:F:TE:GKD
3311.4

Mr. XXX
address
address

Dear Mr. XXX:

This refers to your letter of February 10, 1995, in which you ask whether the installation of a registered AR15 drop-in auto sear into an AR15 type rifle manufactured after the effective date of Title 18 United States Code (U.S.C.), Chapter 44, Section 922(v)(1) would remove the AR15 rifle from the provisions of Section 922(v)(1).

Installation of a registered AR15 drop-in auto sear, along with the necessary M16 trigger, hammer, disconnector, selector and bolt carrier, into a semiautomatic AR15 rifle would remove the subject rifle drom the provisions of Section 922(v)(1), as the firearm would then be a machinegun and not a semiautomatic rifle. At this time, features such as a collapsible stock, separate pistol grip, and threaded muzzle with a flash hider could be installed. Please note that the National Firearms Act Branch of the Bureau of Alcohol, Tobacco and Firearms must be notified into which firearm you intend to install the drop-in auto sear and the necessary M16 fire control components.

Should you later decide to remove the auto sear from the AR15 rifle, the M16 parts installed must be replaced by semiautomatic configuration AR15 type parts, as the presence of M16 fire control compnenents in an AR15 can cause the rifle to operate as a machinegun. Further, a semiautomatic AR15 rifle would have to conform to the provisions of Section 922(v)(1).

http://www.titleii.com/Bardwell/atf_letter1.txt

 

[cola8d8]

I think...

Be sure the original "host" gun has a 16+ inch tube... If it does not and you take the DIAS out, you have just made your own SBR (not good for you) because it is no longer a machine gun... assuming the original AR was not registered as a SBR to begin with.

 

[Hkmp5sd]

cola8d8,

Good point. That's been known to bite a few folks in the past.

 

[Chipperman]

Thanks for the replies.

I spoke to the dealer yesterday. He is expecting the gun to come in during the next week.

He told me it was actually an RR not a DIAS, so this whole discussion no longer applies.

Oh well. I thought it would be too good to be true to get a machine gun and a Preban out of the deal. Now if I buy it, I'll just be stuck with a machine gun and a Postban.

Shed a few tears for me.