plugged mp40

[J. Wraith]

Robert:
IMO you're treading a really fine line here. A potentially better approach, as I doubt this is a registered gun*. would be for the current owner to contact an FFL holder in his area who also is an SOT. Have the FF holder take possession of the gun and torch the receiver to BATF specs.
*My understanding is if and when the BATF checks and the gun in fact isn't registed they notify the inquirer to turn it in for destruction.
Anyone else have an idea?
Jim

Dealer wont take that gun in I don't think, I would seek clarification on that.

[RobertE]

Jim, I'm not advocating breaking the law. Asking someone who already has possession of the weapon to either (1) legally transfer it or (2) to destroy it according to law isn't walking a fine line at all.

I think there's considerable urban myth around how bad the ATF are, and how sneaky their ways are.

I don't know how many people have had direct contact with the ATF after acquiring unregistered, non-amnesty weapons. Most of the tales of intricate sting operations and other trickier are harvested from blogs or from re-told gunshow horror stories, IMO.

I have had the experience of dealing both with local and DC-based ATF agents. The ATF were professional and actually accomodating, to the point of meeting me on a military base at the machine shop and demilling the TWO machineguns I had aquired so as to disfigure the receivers and mounting points the least. I was then allowed to take all the parts home.

I am not suggesting being an idiot here. But even if the seller popped off the rear sight and threw the receiver in the sea, it's worth the asking price.

I was just suggesting another (legal) way of dealing with this, and based on my experience (not rumors), that's what I'd do.

regards, Robert

[james m]

Robert:
Quote:
"I have had the experience of dealing both with local and DC-based ATF agents. The ATF were professional and actually accomodating, to the point of meeting me on a military base at the machine shop and demilling the TWO machineguns I had aquired so as to disfigure the receivers and mounting points the least. I was then allowed to take all the parts home."

That was quite an accomodation. However there is nothing in the BATF regs. that I'm familiar with that would allow this to be done on a regular basis.
I work at a local gun club part time in the gunsmithing area and help maintain around 250 rental guns 30 or so of which are full auto. We have full auto weaponery in all states from parts kits to operable weapons and everything in between. The BATF is here on a very regular basis and has never questioned to my knowledge this status of what in the "back" and not available to the public . The requirement they adhere to is only one example of each type of machine gun be available at any given time for rental. In other words; you can have as many MP40s in back as you want but only one of them can be available for rental.
But I stray from the discussion. I think the original poster did the prudent thing in passing on this gun as there is no way anyone can predict what the outcome would have been had he taken possession.
Jim

[scotty1418]

I am not suggesting being an idiot here. But even if the seller popped off the rear sight and threw the receiver in the sea, it's worth the asking price.

I was just suggesting another (legal) way of dealing with this, and based on my experience (not rumors), that's what I'd do.

regards, Robert

A valid point

[Mr. Scratch]

Just out of curiosity, did this come with any capture papers? Or possibly dewat papers from the BATF?

There are cases out there of dewat full-auto weapons being accepted into the NFA registry because of previous official government sanctioned import (capture papers), and of BATF-standard demilling from the time it was brought in. If papers exist on this weapon, it would be worth checking it out with a lawyer that specializes in NFA weapons.

[ValhallaMilitaria]

True!....and four pieces is better....this looks like a ww2 era dewat which would not conform to current laws. Its value would be as parts only....You did the right thing IMO by not buying it.

If the barrel has been plugged it is still considered a live machinegun by the BATF. If however the receiver has been cut into three pieces, and rewelded into non firing status, then it's okay to own.