Registering a class III

[CLP]

I suggest asking a Class III dealer for the best way to proceed. A shortage of amateurs in that group.

It's possible that he could de-mil it such that it could be a legal non-firing collectible. Or, possibly, converted to semi-auto, although I have no clue about the legality of that.

(Just sent a querying email to my Class III guy, asking.)

What about that whole, "once a MG, always a MG"?

Agreed he needs to check it out to see if it's demilled.

Was reading that even if demilled it'd still need to be registered, can that be done?

Such a shame.

 

[CLP]

even if someone could convert or demill it, he'd still be in possession of a unregistered MG. makes my butt pucker just thinking about it. consult a lawyer- end of story

 

[Jim K]

Sorry, Art, not true. That is like saying that if I rob a bank, and then cut up the money, there will be no problem and the cops will lose interest. A felony was committed when I 1) owned the gun and 2) failed to surrender it.

BATFE has run into this situation many times and with the WWII generation dying off will continue to run into it. They will not arrest an innocent person who encounters a contraband gun if the person turns it in. They might not be happy if they believe the citizen is playing games with them.

Under current law, there is no legal way an unregistered machinegun can be "deactivated" or "welded" or "cut up", either to be kept or so LE does not need to be involved. The advice to remove all the parts and turn in the receiver is also suspect. When a person encounters contraband, he is required by law to turn it in as soon as reasonably possible. Shooting a contraband gun, or removing parts could be questionable actions, not complying with the "soon as possible" rule.

If I find a couple of kilos of horse left in the attic by my late uncle, I am legally obligated to notify the police or turn it in. I am not allowed a couple of months to think about it, try some out, keep part of it, or peddle it on the street to get some money. I have to turn it in. Now. Period.

Jim

 

[Joshua M.]

He made arrangements to turn it in tomorrow morning 1st thing. Man that sucks, that they won't allow him to keep it...,Thank you gun control from keeping a perfectly legal citizen, willing to do whatever possible to keep a piece of history....

 

[CLP]

bummer. a real shame too.

 

[Sarge]

Well, he is a Damned fool if he gave them the whole gun!!!
ALL he is required to give up is the receiver itself, everything else is legally his to keep!!!
Also tell him to get a written acknowlegment of him surrendering it and list the value at what A COMPLETE GUN WOULD BE WORTH!!!
He can then deduct that value from his income tax for this year.
Sarge

 

[mboylan]

I suggest asking a Class III dealer for the best way to proceed. A shortage of amateurs in that group.

It's possible that he could de-mil it such that it could be a legal non-firing collectible. Or, possibly, converted to semi-auto, although I have no clue about the legality of that.

(Just sent a querying email to my Class III guy, asking.)

You absolutely cannot legally convert the receiver to semi-auto. Everyone who has said lawyer up is correct. Don't talk to an FFL. Eating a bullet may be preferable to the consequences of an illegal machine gun conviction.

 

[mboylan]

He made arrangements to turn it in tomorrow morning 1st thing. Man that sucks, that they won't allow him to keep it...,Thank you gun control from keeping a perfectly legal citizen, willing to do whatever possible to keep a piece of history....

Too bab there were no bring back papers. The gun would have been worth five figures.

 

[Art Eatman]

See Post #24.

 

[MachIVshooter]

What about that old lady in the northeast who found her dead husband's STG44 in a closet and brought it to a gun buyback? Remember, the police very kindly "helped her legally sell it"? It was all over the boards a year ago. How could she have legally sold that gun?????

They didn't help her sell it; they took possession of it, sold it to a museum and used the proceeds to buy department gear. She didn't get anything out of that other than knowing that a piece of history was saved.

Sorry, Art, not true. That is like saying that if I rob a bank, and then cut up the money, there will be no problem and the cops will lose interest.

Eh, more like you found a case of money from a heist someone else committed and opted to burn it.

It is very difficult to prosecute crimes with no evidence. It is virtually impossible when the crime is the evidence.

As noted, ATF knows that there are thousands or even tens of thousands of bring backs that qualify as MGs. That is exactly why they have a specific way in which the receiver must be destroyed to render it no longer a machine gun. Remember, intent matters; finding your late grandpa's war trophy MP40 is a whole different ball game from making a new machine gun, and hacking the MP40's receiver to preserve the rest of a piece of history is way different than cutting up a newly made M16 receiver to get rid of evidence.

 

[hoghunting]

Sarge 13.....Also tell him to get a written acknowlegment of him surrendering it and list the value at what A COMPLETE GUN WOULD BE WORTH!!!
He can then deduct that value from his income tax for this year.

Hopefully you're not a CPA as that is incorrect advice.

 

[Joshua M.]

@sarge...so he is a dammed fool for not keeping the barrel and wood? That really hold value... There was one on gunbroker for $17K, but this one was like new, I bout puked...

 

[USAF_Vet]

Not just the barrel and wood, but the bolt, the trigger, and all other internal components.

He could have surrendered the stripped receiver and sold off the rest of it for a bit of cash.

 

[Frank Ettin]

It looks like the matter has been handled by the OP's friend.