Possesion of automatic weapons parts

[letusbuyyourcar]

So what if someone has a completed AR pistol with overall length of less than 26", and they also have a vertical fore grip but it's NOT mounted and just sitting in a drawer someplace. Could they be prosecuted for constructive intent of an AOW?

That's the real murky part of all of it. I want to build a 16" mid length and one of the $279.00 PSA 10" pistol kits. I have 2 lowers as of today and lots of spare parts. Nothing is assembled and I don't have ANY upper parts yet. But what if ...IF I had said 10" upper laying in the parts tub with my Magpul fixed rifle stock? Not assembled in any way. Just a big Rubbermaid tub of parts. To me it's way too easy for the Man to get you when it comes to ARs.

 

[GAgunLAWbooklet]

I don't know (or remember) what ATF's position is on full-auto fire control parts.
I suspect the "totality of circumstances" will determine the legal answer.

Do you own a firearm that uses those full auto parts?
Does your firearm require a difficult "conversion" or modification to accept those full auto parts?

Do you have ALL the necessary conversion parts, or just some of them?

How difficult would it be to find, or fabricate, the other things you need to Rock -N-Roll?

Do you have sone other legitmate reason to own those full auto parts?

 

[GAgunLAWbooklet]

ATF ruling 81-4 says:


In order to avoid violations of the NFA,
M16, hammers, triggers, disconnectors, selectors and bolt carriers must not be used in assembly of AR-15 type semiautomatic rifles, unless the M16 parts have been modified to AR-15 Model SP1 configuration. Any AR-15 type rifles which have been assembled with M16 internal components should have those parts removed and replaced with AR-15 Model SP1 type parts which are available commercially. The M16 components also may be modified to AR-15 Model SP1 configuration.


-----------------------------

Note that while this quote indicates that merely possessing such parts, not installed in your AR firearm, would be OK.

But other parts of this same Ruling 81-4 say that you have to consider how easy it would be to modify the gun into full auto. it seems rather obvious that merely taking the full auto parts out of your gun and putting them in your desk drawer where they could be reassembled into your gun to create a machine gun in a few minutes would not be enough to comply with the NFA.


Quote regarding drop in auto sears, even those not installed on any firearm:

"The auto sear known by various trade names including “AR15 Auto Sear,” “Drop In Auto Sear,” and “Auto Sear II,” is a combination of parts designed and intended for use in converting a weapon to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. Consequently, the auto sear is a machine gun..."


Quote regarding an open-bolt semi-auto pistol that can easily be made into a full auto by removing a part, pending or welding a part in the guns action, or grinding down a portion of the weapon's bolt so that a certain fire control part will not "catch it" and stop it if the trigger is continuously held back:

"The National Firearms Act, 26 U.S.C. 5845(b), defines a machine gun to include any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot...

The “designed” definition includes those weapons which have not previously functioned as machine guns but possess design features which facilitate full automatic fire by simple modification or elimination of existing component parts.

 

[letusbuyyourcar]

I'm not defending those shytbirds, don't be ****ing ridiculous. I'm pointing out that the "constructive possession" bullshyte is an excuse for BATFE (a ****ing tax collection agency) to come to your house and execute mayhem over a $200 stamp if you happen to have some parts laying about. It could happen, probably has, and I know people who've been damned near bankrupted by the ass clowns over a doubling FAL they were ATTEMPTING to REPAIR.

Yeah originally ATF wasn't under the DOJ umbrella. They started out as a division of the Treasury Department.

 

[opps]

Lose the parts dude.Do not have on your property.
Established already as intent.

 

[palmettomoon]

That's the real murky part of all of it. I want to build a 16" mid length and one of the $279.00 PSA 10" pistol kits. I have 2 lowers as of today and lots of spare parts. Nothing is assembled and I don't have ANY upper parts yet. But what if ...IF I had said 10" upper laying in the parts tub with my Magpul fixed rifle stock? Not assembled in any way. Just a big Rubbermaid tub of parts. To me it's way too easy for the Man to get you when it comes to ARs.

They'll get you when they want to at their leisure. They'll "find" kiddie porn on your computer too.

 

[palmettomoon]

Lose the parts dude.Do not have on your property.
Established already as intent.

Agreed, not worth it....for what? I never bought that stuff even back when it was cheap.

 

[Sugmadic]

Posting it in here definitely didn't just put you on their radar. This is why I avoid anything that involves unnecessary gov involvement

 

[Deleted member 79987]

I'm not defending those shytbirds, don't be ****ing ridiculous.

No, I knew you weren't defending them in the slightest.

 

[letusbuyyourcar]

I don't know (or remember) what ATF's position is on full-auto fire control parts.
I suspect the "totality of circumstances" will determine the legal answer.

Do you own a firearm that uses those full auto parts?
Does your firearm require a difficult "conversion" or modification to accept those full auto parts?

Do you have ALL the necessary conversion parts, or just some of them?

How difficult would it be to find, or fabricate, the other things you need to Rock -N-Roll?

Do you have sone other legitmate reason to own those full auto parts?

There's 2 M16 long tail style disconnectors on the home page of Gunbroker right now with bids over $200.00. I wouldn't go anywhere near them.
But it seems to me ( a rank amateur) that to use all those mil spec FA parts you have to drill two holes in the top part of your lower. And if I remember it correctly you can get in a world of legal **** just for the presence of the two extra holes in the lower.