Does a Class III License trump the 1994 Ban?

[falconer]

I was under the impression that if you owned a registered drop-in auto sear on a form 4, it would trump the 94 ban. IE throwing the auto sear in a postban weapon makes it a MG and therefore the evil feature rule becomes moot. However, if the sear is removed the evil features must be removed too.

 

[TaxPhd]

falconer,

You are correct. MG status trumps the ban, SBR does not.

 

[ctdonath]

Fact is the CLEO signoff IS discretionary. A recent major lawsuit addressed this (attacked it from every conceivable angle) and failed. Feds cannot compel the CLEO to comply, yet the BATF can require the signature.

If some group DID successfully sue, the 1934 Group needs to hear about it.

 

[No4Mk1*]

What about "high capacity feeding devices" as it relates to macine gun belts? Can you obtain MG links and assemble a belt of 11 or more rounds?

 

[tyme]

This is making me sick just reading the rehash of pre/post 86/94 MG/AW FFL/NFA stuff.

Does anyone have friends in the Library of Congress who could, say, perhaps, "lose" the relevant statutes? Or is that even where they're kept?

 

[ctdonath]

What we need is for enough people to stand up and say "the 2nd Amendment means what it says" and live it.

Pity we can't find more than a handful out of 80,000,000.

 

[BerettaNut92]

I never even considered Fed laws until recently because it seems CA laws overlap. Now...it really is that bad, isn't it?

 

[Hkmp5sd]

What about "high capacity feeding devices" as it relates to macine gun belts? Can you obtain MG links and assemble a belt of 11 or more rounds?

That's a good question. Yes, if you possess pre-ban links, you can assemble belted ammo of more than 11 rounds. But how do you tell pre-ban from post-ban links?

According the the regulations:

(c) Large capacity ammunition feeding devices manufactured after September 13, 1994.

(1) Each person who manufactures or imports any large capacity ammunition feeding device manufactured or imported after September 13, 1994, shall legibly identify each such device with a serial number. Such person may use the same serial number for all large capacity ammunition feeding devices produced or imported.

(i) Additionally, in the case of a domestically made large capacity ammunition feeding device, such device shall be marked with the name, city and State (or recognized abbreviation thereof) of the manufacturer;

(ii) And in the case of an imported large capacity ammunition feeding device, such device shall be marked:

(A) With the name of the manufacturer, country of origin, and,


(B) Effective July 1995, the name, city and State (or recognized abbreviation thereof) of the importer.

(iii) Further, large capacity ammunition feeding devices manufactured or imported after September 13, 1994, shall be marked "RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY" or, in the case of devices manufactured for export, effective July 5, 1995, "FOR EXPORT ONLY."

(2) All markings required by this paragraph (c) shall be cast, stamped, or engraved on the exterior of the device. In the case of a magazine, the markings shall be placed on the magazine body.

(3) Exceptions.

(i) Metallic links. Persons who manufacture or import metallic links for use in the assembly of belted ammunition are only required to place the identification marks prescribed in paragraph (c)(1) of this section on the containers used for the packaging of the links.

So, when they make new links, they identify them as post-ban by marking the BOX in which they are packaged. If you happen to have a bunch of bright shiney brand new looking links but no box, they are by default considered pre-ban and thus legal for private ownership.

http://www.atf.treas.gov/pub/fire-explo_pub/complete.htm