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Legality of welding up your MG42 receiver?

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Daskraut
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Legality of welding up your MG42 receiver?

Postby Daskraut » Thu Dec 08, 2005 11:12 pm

I was at the local gunshop talking about the 10 round california limit for a semi-auto guns, and wondered out loud how belt feds would be handled on a welded up and modified for semi auto gun?, one of the guys popped in with the fact that it can not be legally welded up at all cuz "once a full auto, always a full auto" . Now I started reading all our posts on this, and nobody has gotten the letter of the law or a letter period on the welding up of an MG42 in semi-auto config. As I was probing around, I went to BRP and was reading about there kit and saw " Do not use any parts of the original MG-42 receiver. This would result in a contraband firearm according to our letter from BATF regarding this configuration".
" . Gents, we need to get the real legal low-down on this once and for all. I want to build one of these AND be able to sleep at night knowing I am in the clear. Lets start with posting an approved letter from BPR or TNW or??. Opinions be damned, unless you are a fed!. We all desire to be good little citizens, lets work on this and get it posted once and for all as a sticky we can quote with pride. knowing we are in complience with the law. DK

Abwehr

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Postby Abwehr » Fri Dec 09, 2005 9:57 am

Since I have a BRP MG42, I should be OK with mine, but "Daskraut" does make a valid point. I have read many postings on various Forums concerning the use of "former" MG receivers and welding them back up. I am sure anyone building an SA MG42, MG34, etc. wants to comply with all the laws!

What I have always read on the internet, is that the demilled receivers are no longer receivers, just scrap steel Not being a lawyer, it is difficult to understand the "thinking" of the ATF when trying to get a conviction. If the demilled receivers ARE indeed considered scrap metal, then rewelding into a SA configuration should be legal. But, the ATF can actually do anything they want and lose in court, but it has cost you maybe everything you have to beat a lawsuit from them.

My thinking is that if a receiver was demilled properly, you can legally own this scrap metal according to ATF. You can then take this legal scrap metal and fabricate a new legal SA receiver from it, as long as it meets the requirements that it is SA ONLY. It sure would be nice to have something that the fabrication of a SA receiver from a former FA receiver was legal! Just some of my thoughts, and there are plenty of the "Internet Lawyers" that don't have a clue to what they are saying.

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Postby Blanksguy » Fri Dec 09, 2005 6:26 pm

What is really "tricky" about the "letters" is that they come in two catagories:

1: "Letters" allowing only "that-Company" to make an item within the written guidlines from BATF....and...
2: "Letters" allowing the "individual the letter was addresed" to make an item within the written guidelines from BATF.

Has anyone ever read about BATF's written "Decisions" which translates into something/decision that effects everyone (I can not recall the exact term for the other written BATF papers)......which are not "Letters" ?

I guess what I am trying to say here is that BATF can "allow" in writing for someone (or a Company) to make something.......but it is not open to everyone. An example of this might be for "me" to request a model change of a Class III weapon from BATF......or for "me" to build something....which they reply to "me". Later, BATF could argue that they did not "allow-you" to do the same thing.

Anyway, "BATF-Letters" are "addressed" to individuals and/or Companies............"BATF Firearms Decisions" are printed in the FFL Newsletter and then added to the Regulations later.

What makes all of this a "Gray-Area" is that under Federal Law.....you can make a semi-automatic rifle for your own use as long as you stay within the guidlines of the "Laws" (Federal, state, local, etc.).

Be safe, RichardS.
mailto:Blanksguy2001@chartermi.net
PS:.......do you still have that "warm-feeling" ?

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Postby Daskraut » Sat Dec 10, 2005 1:33 am

Solid points. One thing I know from doing similar in the past is when you duplicate a previously approved job/mod/change, it is much easier to get it approved when accompanied by a letter which describes the same mod, prev approved by the same agency that you seek approval from. This works like a charm because nobody wants to dispute a fellow govt/ departmental brother on said subject.It worked once, it will work again.If only we had a letter from BRP or similar to study.

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Postby MEGALODON » Sat Dec 10, 2005 7:08 am

I agree with Ab, it's my understanding that once the receiver is demiled, it's no longer a gun, and therefore no longer counts as still being a machine gun. You can then use the parts to build a legal semi auto (with semi mods done first, of course)

Where the "once a machine gun, always a machine gun" thing comes into play is if you have a full auto 42 (for example) and simply modified the grip stick area and put in a bolt block, then called it no longer a machine gun. You have to make sure its no longer a gun first by demiling it, then YOU are making the gun. There is no legal requirement that you can't use pieces of receivers (scrap metal to the BATFE) to make a semi auto.

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Postby Daskraut » Sat Dec 10, 2005 10:14 am

All these points make sense to us, but that aint worth a hill of beans to the gov-ment.They want FACTS and Laws/rulings. That is what we need here. We can jaw about this till the cows come home, but we need solid legal verification, period.If you see a passage in the regs that is applicable, let us post that here.

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Postby drooling idiot » Wed Dec 14, 2005 5:20 pm

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over-age juvenile delinquents running the place.

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Postby drooling idiot » Wed Dec 14, 2005 5:21 pm

more
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"good , bad, .....I'm the man with the gun."

Its amazing anything works right around here with a bunch of
over-age juvenile delinquents running the place.

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Postby drooling idiot » Wed Dec 14, 2005 5:22 pm

i hope this resolves the question of the legallity of reusing the properly demilled reciever scrap.
You do not have the required permissions to view the files attached to this post.
"good , bad, .....I'm the man with the gun."

Its amazing anything works right around here with a bunch of
over-age juvenile delinquents running the place.

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Daskraut
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Postby Daskraut » Wed Dec 14, 2005 11:35 pm

Oh yea!!!, thats the stuff I wanna see!!. I feel like forrest Gump when he "touched" Jenny in her dorm room!!!. D.I., you get a steak dinner when you come to southern california. :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :thanks: :beer: :jump: GTS


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