Is this possible?

[Historic Arms LLC]

I am curious:

The Hughs ammendment makes it very clear that one can not "make" a machinegun after May 19, 1986, they must be lawfully owned or manufactered prior to that date.

ATF ruling 82-8 is very clear that all "open bolt" MAC type semi auto firearms are classified machineguns [though grandfathered units exempted].

As an 07/SOT could I not file a Form 2 notice and "re-activate" these firearms [defined above] as a machinegun, as these were clearly lawfully owned or possessed prior to May 19, 1986?

Is this a possible legal way to "add" a MG to the NFRTR? If not, why?

Respectfully,

Len Savage

 

[Hkmp5sd]

The actual date of manufacture doesn't matter. If it did, they could take all of the pre-May dealer samples, pay the $200 and make them transferrable. The machinegun had to be in the NFA registry as of May, 1986 as transferrable. That is how the ban works, ATF does not accept the registration of machineguns.

 

[Auslander]

plus all the thousands of 1919's..

Plus all the thousands of 1919's, M60’s, 1918 BARS, Thompons getting cut up and made into kits would be eligible for registration.

They knew what they were doing. It was supposed to be a ‘poison pill’ to prevent Regan from signing the GOPA.

 

[Zedicus]

I would suggest visiting the nafaoa (link in sig) for more info, but their site seems to be a ghost town at the moment.

In this situation of Re-Activating a pre 86 Deactivated MG, the problem I see is that even if you managed to slip through a loophole and do it legally the BATFE would most likely try to railroad you in court shortly after.:banghead:

Until we get the Hughs Amendment Repealed or the entire GCA & NFA repealed their isn't a heck of a lot that we can do in that area without ending up in the greybar hotell....

 

[Auslander]

Zedicus,

Since a open bolt semi-mac was never in the NFA registry it is not a Dewat. Dewats are registered and transfer on a Form 5. Rewatting is only a status change on a registered item.

Open bolt semi-mac's are Title 1 and not in the NFA registry. There is no loophole. To be a transferable machinegun, it must have been in the registry in May of 1986 or it cannot be transferred to a regular citizen.