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Discussion in 'Class III' started by mdj696, May 9, 2017.
no new machine guns (anything made after 1986)....
You can thank Ronald Reagan for that one.
No. You can inherit one that was registered by your relative, but you will still have to register it with BATFE just as if you had purchased it from a Class 1 FFL authorized to deal in Title 2 firearms and get a new tax stamp for it. But the way the Firearms Owners Protection Act was written, after it took effect the only full-autos that can legally be transferred are full-autos registered with BATFE before the law took effect. If you find one in a barn or an attic or something, say a war souvenir brought home by Great-Uncle Charlie from World War II and it was NOT registered, you're taking a serious chance if you are caught with it.
The local sheriff's department has an MP-40 they acquired that was turned in to them some years ago under similar circumstances. They have it in their arms room and sometimes take it to the range and plink with it, but no LEO can legally take possession of it as an individual. The rules are somewhat different for police departments than for private citizens, at least in practice.
thanks for the info
The police as a government agency can buy the NFA items and then issue them out to individual officers for strictly work related purposes but the property itself is still owned by the agency and in the agency's name. For example I have a long gun that is classified as an NFA item that my agency owns... issued to me for work. I can only use it for work related purposes/training etc. It's not mine and they can take it back whenever.
It's no different than the US military equipping a soldier with a machine gun or SBR or SBS or giving them a grenade launcher. It's government property and their employees get to use it to carry out their government duties.
The real difference that you mentioned "in practice" is that with mil/government strictly speaking from a "simple possession" aspect that anyone who is a bona fide member of the respective agency can be in personal possession of the NFA item.
But on the flip side even then it's really not any different than a private citizen having an NFA Trust and any member on that trust can have possession of the items.
Only on the government side you substitute NFA Trust for "agency/military" and you substitute NFA "Trustee" members for "government employees".... so it ends up really not being all that different at all.
Ks state pen in Lansing , Ks was rumored to have several (total number unsure) consecutively numbered Thompsons in their armory back in the early 90s.
That's as may be, but the Kansas Department of Corrections would not be allowed to sell them to collectors. Remember the provisions of the not-very-effective Firearms Owners Protection Act: the only selective-fire firearms legally allowed to be transferred are those that were in private hands in the United States at the time Reagan signed the bill into law. Those Thompsons (if they exist) were owned by an agency of the State of Kansas; therefore they were not in private hands within the meaning of the law and thus cannot legally be sold to private citizens.
And the current licensed owners of full auto weapons will do anything in their power to keep the regulations as they are>>> they have an economic stake in keeping the numbers of legally transferable full auto firearms where they are. A glut of transferable machine guns would lower the value of the ones out there right now !!