Many years ago at a gun show I bought a kit to build a 10/22 full auto Select Fire. It was basically 20/30 pages of diagrams and instructions and a few Springs and parts. I figure after 30 years I'm not going to build this. If I had I would probably have registered the firearm. But, what I'm wondering now is it legal to sell this. If anybody has an idea please let me know. Thank you
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Question about class 3 legality
- Thread starter ole ed
- Start date
You’ve came to the right place... someone will be with you shortly to answer your question, please hold.
Do you have a fireplace?
They sell conversion books and full auto parts everywhere all the time, it’s the act of following the instructions and modifying the firearm that make it illegal
Burn that and this thread
I really don't "know" the answer, and perhaps to "know" the real answer would require more details, more facts, such as:
Do you still own a 10/22 rifle-- the kind of rifle these full auto conversion parts were made for?
Would your 10/22 rifle have to be permanently modified in a way that's not easy and fast to do, in order to accept this full auto parts set and function as a machinegun?
Finally, is the full auto conversion parts set complete, or are there still parts NOT INCLUDED with it, that are absolutely necessary for it to convert a semi auto into a full auto?
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Finally, have you searched online for ATF's opinions and rulings on this issue? I don't know if any such letters from BATF that would be exactly on-point. Your situation is probably NOT the same as the owner of an AR-15 who has some M16 parts, since many of those M16 parts will work just fine as semi-auto parts for semi-auto rifles, and the other full-auto-only parts aren't going to be a quick drop-in prospect. If you have to play gunsmith to make your machinegun parts fit your gun, I can't say for certain that your parts set really is a full auto conversion parts set.
Do you still own a 10/22 rifle-- the kind of rifle these full auto conversion parts were made for?
Would your 10/22 rifle have to be permanently modified in a way that's not easy and fast to do, in order to accept this full auto parts set and function as a machinegun?
Finally, is the full auto conversion parts set complete, or are there still parts NOT INCLUDED with it, that are absolutely necessary for it to convert a semi auto into a full auto?
*********************
Finally, have you searched online for ATF's opinions and rulings on this issue? I don't know if any such letters from BATF that would be exactly on-point. Your situation is probably NOT the same as the owner of an AR-15 who has some M16 parts, since many of those M16 parts will work just fine as semi-auto parts for semi-auto rifles, and the other full-auto-only parts aren't going to be a quick drop-in prospect. If you have to play gunsmith to make your machinegun parts fit your gun, I can't say for certain that your parts set really is a full auto conversion parts set.
QUOTE FROM ATF letter (an opinion letter about a different kind of product-- a pre-1981 drop in auto sear for AR-15 rifles):
"The National Firearms Act, 26 U.S.C. 5845(b) defines “machine gun” to include any 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."
Emphasis added. Note that a "machinegun" can be a collection of parts WITHOUT the gun, or a gun's receiver or frame.
"The National Firearms Act, 26 U.S.C. 5845(b) defines “machine gun” to include any 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."
Emphasis added. Note that a "machinegun" can be a collection of parts WITHOUT the gun, or a gun's receiver or frame.
Here's the definition (note that there are really multiple alternative definitions) of machine gun per the Code of Federal Regulations. 27 C.F.R. 479.11
Machine gun. Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
Machine gun. Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
Just outta curiosity, if he bought it before the Hughes amendment went into effect would it change it? He says 30 some odd years so he could've got it before all that happened when no one would've even batted an eye.
