It is an unfortunate situation, but BATFE has treated that de-milled receiver question differently at different times. This is what they call working on a "case-by-case" basis, which means that any decision applies only to that case and to no other. Note that this is also done by IRS, of which BATFE used to be part. So, a letter essentially means nothing unless it is addressed to YOU, is in response to YOUR request, and cites the serial number of YOUR rifle. It could be used to aid a defense in court, but that has not worked in the past, since BATFE need only say that their rules have changed since the letter was written.
That court case aside, the only M14 National Match (M14 NM or M14 M) rifles that are "out there" are on loan from the Army, and the Army will testify that none have been sold or released. So someone who possesses one (he can't "own" it) without authorization is not only in violation of the the NFA, but also in possession of stolen government property.
Quite a few members of state rifle teams got the idea that they had been "given" those loaner rifles and sold them. Some got in very deep trouble. Other match rifles were made up by Army armorers from regular M14's for use by Army and reserve teams, and those sometimes walked also. I knew a fellow who bought one from an Army reserve colonel; when he was caught with it, the colonel denied the whole thing and the Army stated that they had never released any. My friend got a year in jail plus 4 years probation, and could never own another modern firearm.
If you want a definitive answer, I say again, write BATFE HQ (do not call - nothing on the phone is official with the government) with a full description of the rifle, including serial number and all markings, and ask if that specific rifle is or is not under the purview of the National Firearms Act as a machinegun and also whether it is considered stolen property. But your answer could come from an agent with orders to seize the contraband property.
For myself, I wouldn't buy that rifle. I wouldn't even want my fingerprints on that rifle. If the dealer has it when BATFE does a compliance check, he will be in trouble, but at least an innocent party won't be in a world of hurt.
BTW, having a Class 3 SOT does not make someone either an attorney or an authority on BATFE's decisions. Nor, be it noted, am I either one, so my postings mean nothing either in terms of legal advice. But people have gone to jail for trusting some other guy's word, so be careful.
Jim
That court case aside, the only M14 National Match (M14 NM or M14 M) rifles that are "out there" are on loan from the Army, and the Army will testify that none have been sold or released. So someone who possesses one (he can't "own" it) without authorization is not only in violation of the the NFA, but also in possession of stolen government property.
Quite a few members of state rifle teams got the idea that they had been "given" those loaner rifles and sold them. Some got in very deep trouble. Other match rifles were made up by Army armorers from regular M14's for use by Army and reserve teams, and those sometimes walked also. I knew a fellow who bought one from an Army reserve colonel; when he was caught with it, the colonel denied the whole thing and the Army stated that they had never released any. My friend got a year in jail plus 4 years probation, and could never own another modern firearm.
If you want a definitive answer, I say again, write BATFE HQ (do not call - nothing on the phone is official with the government) with a full description of the rifle, including serial number and all markings, and ask if that specific rifle is or is not under the purview of the National Firearms Act as a machinegun and also whether it is considered stolen property. But your answer could come from an agent with orders to seize the contraband property.
For myself, I wouldn't buy that rifle. I wouldn't even want my fingerprints on that rifle. If the dealer has it when BATFE does a compliance check, he will be in trouble, but at least an innocent party won't be in a world of hurt.
BTW, having a Class 3 SOT does not make someone either an attorney or an authority on BATFE's decisions. Nor, be it noted, am I either one, so my postings mean nothing either in terms of legal advice. But people have gone to jail for trusting some other guy's word, so be careful.
Jim
