Any firearm whose possession is otherwise prohibited by subsection (a) is ok, under b(7), if the gun is a C&R one and lawfully possessed under federal law. This would not provide an exemption to the requirement for a state permit for a machine gun, as 12020(a) does not regulate mg’s. That is section 12220 (ban) and 12230 et seq. (permits). Rules for DD’s are at section 12301 et seq. Silencers are regulated at section 12500 et seq. The state Department of Justice has totally discretionary authority to issue permits to possess DD’s or machine guns. Civilians are totally prohibited from owning silencers.



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27 CFR sec. 179.11 – “pistol. A weapon originally designed, made and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having: a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and b) a short stock designed to be gripped by one hand at an angle to and extending below the line of the bore(s). The term shall not include any gadget device, any gun altered or converted to resemble a pistol, any gun that fires more than one shot without manual reloading, by a single function of the trigger, or any small portable gun such as: Nazi belt buckle pistol, glove pistol, or a one-hand stock gun designed to fire fixed shotgun ammunition.”


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However for HK guns it is pretty much all there is, especially if you want an MP-5 type gun. And if you want a version of the Colt 9mm AR machine gun, the auto sear route is more plentiful than the few registered receiver conversions, and the even fewer factory Colt guns, as the model was introduced (1985) right around the same time as the 1986 ban. And in general the sear or other registered part is cheaper to buy than the same gun as a registered receiver, both because you aren’t getting a gun also, and because it is less desirable. However you may find that due to the escalating value of the semi-auto host guns, the conversion part already installed in a host gun may cost as much as a registered receiver conversion of the same gun, like an IMI semi-auto UZI with a registered bolt installed versus a registered receiver UZI conversion. It pays to shop around.

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Many people also believe that a serial number can tell you whether or not a receiver is pre- or post-ban. This is not always the case. For example, if a manufacturer’s books show a serial number as being manufactured on August 23, 1994, and also lists that serial number being shipped on September 3, 1994, is this a pre-ban receiver? Well, that information alone will not tell you. If the books only show when a serial number was made and left, we still don’t know how it was shipped. Was it a rifle? or a receiver only? did the dealer who purchased it build it into a SAW before The Date? These are all questions that are unanswerable with the provided information, so don’t go on these facts alone!

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The transfer involves paying the transfer tax, which is $200 for all the NFA weapons, except AOW’s for which the tax is a mere $5. Individuals also have to get one of several specified local chief law enforcement officers to sign the form (see the section on the law enforcement certification for more information), submit their fingerprints in duplicate, and attach photos of the transferee to the form. While the transfer tax is levied by law on the transferor (seller), in practice the transferee (buyer) is expected to pay the tax. Transfers to individuals tend to take at least 4 months, although subsequent transfers can be quicker.

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Therefore, if one has a semi-auto HK-91, and an HK-93 converted with an auto sear, and having a barrel less than 16 inches, one may not remove the sear from the HK-93 and put it on the HK-91. That would leave the semi-auto pack from the HK-91, and the receiver/barrel combination from the HK-93; a set of parts for assembling a rifle, and said rifle would have a short barrel, and further not be registered. I think that if one disposed of all trigger packs one had, except the one the sear was in, one could legally swap it between the rifles, without having to register the HK-93 as a SBR. The leftover HK-93 receiver and barrel setup would not be capable of firing a shot, with the parts in the possession of the owner, except with the sear converted pack, and using that on it would be OK. HOWEVER, I think ATF would disagree, would probably claim the resulting half of a gun was an “unservicable” short rifle or some other non- sense, and would prosecute should such an arrangement be attempted. If someone is serious about doing this, they need to ask Technology Branch if they will go along with the reasoning outlined. If they didn’t, one would need to sue, rather than have to fight it in a criminal, rather than civil, context.

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A sole proprietor SOT may keep any NFA weapon he has after surrendering his SOT, as his personal property, except post-86 machine guns, discussed below.

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A registered sear is not a license to use it to convert any gun you wish. BATF takes the position that installing a HK sear in any gun but an HK, or a HK clone gun (like one of the …

NFA Branch desires that folks who install sears into guns where the sear is not very accessible, HK guns in particular, tell them the make, model and serial number of the gun into which the sear is installed. This makes it easier on them, as they do not have to open the gun up to see the sear, if they know that gun is the one with the sear in it. This is called “marrying” the sear to the gun. It is especially useful when the host semi-auto has been modified so as to make it potentially illegal without the sear, like putting a shoulder stock on an H&K SP-89 pistol, or cutting the barrel of an HK-94 to less than 16 inches. You may “divorce” the two, but don’t if the host gun will end up an unregistered short barreled rifle, or other unregistered NFA weapon. Often this marriage info is in box 4(h) on the Form 4, so anyone who looks at the paperwork can see the sear is in that gun; local law enforcement, for instance.



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It is helpful, in general, to quote the certification text, that is what you are asking them to certify. For a Form 4 it reads, “I certify that I am the chief law enforcement officer of the organization named below having jurisdiction in the area of residence of (name of transferee). I have no information that the transferee will use the firearm or device described on this application for other than lawful purposes. I have no information indicating that the receipt and/or possession of the firearm described in item 4 of this form would place the transferee in violation of State or local law.”


Penalties for NFA violations
A violation of the NFA can result in a felony conviction, punishable by up to ten years in prison, and/or a $250,000 fine. See 26 USC sec. 5871. The US Sentencing Guidelines ordinarily require prison time, even for a first offense, however various mitigating and aggravating factors can raise or lower the possible sentence range for a first offense.

There is also a revolver definition, but it does not add anything except a provision for guns with revolving cylinders, rather than permanent chambers.

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This is an area with a variety of items registered; many in the frenzy of registration after the 1986 making ban was being passed into law, similar to the frenzy of making seen in 1994 during Congressional deliberation on the ban on new manufacture of “semi-automatic assault weapons” for sale to civilians.


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