Need help from knowledegable class III gun dealer
 

I need advice from some one with experience on the therotic registration of an antique war relic machine gun which IS included on the curio and relic weapons list.
For instance if someone were to run across such a 60+ year old {classIII} weapon stored in a closet since the war in Korea .What would be the proper and legal steps taken to make it fun to show off to friends ?.
This is a therotical question only and I would appreciate KNOWLEDGEABLE input.
Thanks ,Tim

I think your friend is hosed
 

http://en.wikipedia.org/wiki/Firearm...Protection_Act

As debate for FOPA was in its final stages, Rep. William J. Hughes (D-N.J.) proposed an amendment to ban the civilian ownership or transfer of any fully-automatic weapon which was not registered by May 19, 1986. However, any such weapon manufactured and registered before the May 19 cutoff could still be legally owned and transferred by civilians.

So since it was unregistered back in 86, its really bad news.
Thank you New Jersey, again.
:(

TK, you have a PM.

Steve

Since it is a machine gun, it must be registered and the one time tax stamp and license must be paid through the BATF, I believe. You only need to do this once to possess a class III weapon, unless they have changed the rules in the last couple years.

Best to check with a knowledgable gun shop to get the correct paperwork, or go online to the BATF site and check the regulations which are available.

Tell no one else for starters
 

misfit41 I know you are trying to do the right thing. For right now, say nothing and show it to NO BODY until you can Find out about class 3 licenses. It should not to as hard as getting one in NJ. They have every year a show where you are allow legally to fire any weapon made even mini guns and 20 mm cannons. Goggle it. If you want to show it to a close friend, remove the firing pin or trigger assembly. We have a WW II vet doing 7 years, he's 87, for having all kinds of firearms in his house. He had a fire in the house and LUCKY that the ammo didnot start going off. He would have killed alot of people. He had 50 cal armor piercing rounds and generades, ( they where live ) The stuff was stored correctly that this saved lives. The Judge didn't like or care to hear anything else. He needed a class 3 license and never knew or applied. I live in one of the worst states for firearms. They are trying to limit rifles to under 50 cal. Pretty stupid when a 416 barentt with shoot 1.7 miles and hit the mark. Crooks can have all the guns they want, the Legal people have to fight to own or buy a gun for 1+ years. Not sure what the future holds in this country but have friends that are buying and burying guns and ammo in their back yards in plastic tubes. Rick L. Ps Tim is it a 30 cal with 20 round clip? Don't say the name.

if its in a closet since korea, then the owner probably never took advantage of the two amnesty registration periods prior to the 1968 machine gun law. if it was never registered as a nfa weapon previously then it is now contraband
and good for twenty years in federal prison to posess it. to try to register it will get you in jail just by an inquiry to the atf. stay away and let the old timer deal with it.

I appreciate the input , I don't posses the gun but would sure like to ,it is a great piece of history and would be a shame to see cut up.It is listed on the curio and relic list but the laws are very hard to decipher . Just trying to find an approiate direction to pursue it if possible. thanks again,Tim K

Misfit41, I highly recommend you get legal advice for your situation.

There are no friendly government offices. If you want to own this, you should get direction from people that will end up defending you if it goes bad.

Just advice.

:D :D

Tim, as a starting point, not meant to take the place of legal/professional advice regarding the laws/regulations on machine guns

Not positive, but only a dealer licensed by the BATF can handle, arrange transport, transfer to & from etc a machine gun until the owner is licensed by the BATF for a specific gun

January 12, 2009


SUMMARY OF STATE AND FEDERAL MACHINE GUN LAWS


http://www.cga.ct.gov/2009/rpt/2009-R-0020.htm

Thanks Rick,
At this point I'm not sure how to proceed but I for sure havent broken any laws up to this point. From the way I deciper the atf website an nfa registration should be possible but is a hard thing to start and I won't aquire the weapon until it is safe. FYI the therotical gun is a 30 cal with an ammo belt in a can. thanks Tk
ps, My buddy at the justice dept here on Ft. Knox says I will likely get a visit from a bunch of black surburbans already just from making the inquirys.
oh well,had to start somewhere ,T

Yep, two major changes in the laws:

Gun control act of '68 was the big one, however possession of "components" were still legal (somewhat) without license.

Then in '86 possession of any component was considered the same as having a un-licensed machine gun. The NRA published articles about Colt AR-15s that were assembled with one or more M-16 parts that a few people got nailed by the BATF over, I checked mine and sure enough there was one M-16 part in it (disconnecter). Needless to say I switched that out pronto.

Even legal transfers can be a big PIA if not impossible, depends on your local sheriff's stance on signing off on them. You also toss out your right to not be searched as the BATF has the right to enter hour home to preform "inspections" with no notice given. (and no warrant needed)

If it's not NFA-listed, stay away.

I already have a federal tax stamp for a supressed 10/22 I built up a few years ago and your right,batf has the right to come anytime to see the aformentioned weapon which I really don't have a problem with. I also remember the new laws in 87 . I had several built up ar15/m16's that only needed drop in sears ,I was legal as long as the sear wasn't installed. When the law changed I broke them down and went back to stock selling the parts to a class 3 dealer.
The atf's curio and relic list gives amnesty to normally illegal guns which are on their list. My gun is there . I also personally know two people who have contacted the atf and were able to get guns not on the list added .I am not sure how the current state or our world has affected that .I also realize if I were to take possession of this gun it would be an offense. If I am lucky enough to learn it will work and do get the chance to own it I have a class 3 dealer who will pick it up store it while I do the application process.
I appreciate the input, I was hoping to hear from a dealer who has had experience with this issue.
thanks,Tk

machine gun
 

misfit41

It's my understanding that if it was not registered before May 19TH 1986 you can not get it registered. If you call the ATF you may or may not get the correct answer, dump axx government employees. But if you tell them you know of one, they "will" send agents to confiscate it.

If you live in Ky surely you have heard of Knob Creek Machinegun Shoot in April and Oct of every year. The range is located 14 miles west of Shepherdsville, Ky. They are open all year but have two large (over 30,000 people) shoots a year.

I will contact a friend that is a Class III and Class II dealer. He will know the correct answer to your question.

I let you know what he says.

Dwight
P.S. Does it look like this?

http://www.clubcobra.com/photopost/d.../DSCN22091.JPG

Thanks Dwight,
I am familiar with the range and have been to the shoots,actually I have tried to call one of the guys I know there and been unable to catch him, I live 40 mins away}.
From what I remember the gun is very much like the one pictured but has a stock and bipod {A6},I only looked at it long enough to copy the information from the reciever. I am hoping it's being on the c&r list may help me here , your right about not being able to get a straight answer from any gov. agency.
I will await your results from your friend . Thanks sincerely,Tk

this is Rob answer to your post.

++++++++++++++++++++++++++++++++++++++++++++++++

Dwight,
If its registered to him no problem. If its not registered its
contraband. If its registered to a deceased family member then it can be
transferred to an heir if there is one. Other wise the executor of the
estate can have it transfered to him.
Rob


###############################

misfit41

If you do not have paper work with a tax stamp from the ATF for the machine gun ( with the gun's serial number) then the gun is contraband and there is no way of making it legal.

In the machine gun world you hear about these guns all the time. Rob has been a Class III and a Class II manufactor for 20 years or so. He knows all the NFA laws.
Dwight

Try the NRA.

Does it look like this one?

http://www.clubcobra.com/photopost/data/500/gun1.jpg:LOL::LOL:

It is not registerable, and there won't be another amnesty. Please PM me so I can give you my shipping address and I will cut it up for you. :) No one has known of the gun since Korea. Nobody knows now. Grow some clockweights and hold on to that treasured piece of history.

Also, please don't tell me its a Saginaw Steering Gear manufactured gun.

R

The NRA hates machineguns, so don't waste your time with them.

Dwight
Life Time Member of NRA and Gun Owners of America
and the owner of 12 NFA weapons:)

Some Vets had their war souvenirs dewatted by the government (Army armory)before they returned home. I have seen one that had lead hammered into the camber. NOT legal now but OK back in the 40's. I bought one that had a steel plug spot welded into the camber. Not legal now but it had paperwork.
If there is something in the camber, there could be paperwork that goes with the gun. If so, it can be a non firing dewatt gun. You may have to fix it so that it's legal by today rules, reweld the plug so that it can not easily be removed.

Dwight