Transferable MG Lower

[SBR]

Ok let me see if I can explain this correct. I am thinking about buying a stripped transferable MG lower, so has never been a a complete gun. Will this not be a legal firearm because by the Mass AWB it needed to be a complete firearm prior to 1994. Or is NFA items exempt.

Any thought would be helpful.


sbr

 

[soam]

Machine guns are not covered by the AWB as it specifically only refers to semi automatic guns.

 

[warwickben]

Hmm the odds of a never fired machine gun 1 in a million .
I assume m16?

 

[dgrafton]

If it sounds too good.......







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[alpha1]

Hmm the odds of a never fired machine gun 1 in a million .
I assume m16?

Negative, there are an est. 300K + in the NFA registry. There are plenty of unfired MG's that remain. Also there are MAC frames, tube guns and others that sell as unfired MG's. Before the ban some mfgr's just converted receivers.

 

[TBalls]

Machine guns are not covered by the AWB as it specifically only refers to semi automatic guns.

That, and any transferable MG would be grandfathered by definition. Funny thing (not really), CT's latest legislative hackjob (PA 13-3) exempts full-auto-only MGs from registration (i.e. only Safe & Auto/Burst modes), but specifically includes MGs that are select-fire i.e. capable of semi-automatic fire.

 

[beaker]

The people you should probably be asking about this are the BATFE and/or a Class 3 dealer to make sure you can possess it legally.

 

[alpha1]

The people you should probably be asking about this are the BATFE and/or a Class 3 dealer to make sure you can possess it legally.

All you need is a copy of the form 4 or form 3

 

[soam]

All you need is a copy of the form 4 or form 3

Possession of a machine gun in MA also requires a License to Possess a Machine Gun (commonly known as a "green card"). It looks like an LTC but has a green stripe across the top.

 

[alpha1]

Possession of a machine gun in MA also requires a License to Possess a Machine Gun (commonly known as a "green card"). It looks like an LTC but has a green stripe across the top.

Yes I am aware. I was replying to the quoted question to beaker. The ATF has no visual ID on any transferable MG, the are all registered by paper.

 

[browncoat]

If the lower was never built, why would you need a green card to possess it in MA?

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[warwickben]

If the lower was never built, why would you need a green card to possess it in MA?

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Cause once a mg always a mg.
they don't care if its never been fully assembled . If it's a legit transferable machine gun it's registered .

 

[CrackPot]

Cause once a mg always a mg.
they don't care if its never been fully assembled . If it's a legit transferable machine gun it's registered .

If the lower is not built, is it even a gun? MG by federal law, but not a gun under MA until assembled?

 

[browncoat]

If the lower is not built, is it even a gun? MG by federal law, but not a gun under MA until assembled?

This is what I'm wondering

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[BriMac]

Two different sets of laws federal and state, the ATF will not transfer a MG to a individual in MA without a MG license.
You can have a HK sear transferred to you without a FA- 10 filed because it is not a firearm under state law, but you still have file a form 3,4 or 5 for the ATF to approve the transfer to you . There are still many tubes, side plates and sear's floating around that are not firearms under MA state law but are MGs in the eyes of the ATF.
PS The first response is correct to the OP and you or the dealer could file the FA-10 when the receiver is complete

 

[soam]

If the lower was never built, why would you need a green card to possess it in MA?

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Because without a green card you have a $15,000 paperweight.

 

[browncoat]

Two different sets of laws federal and state, the ATF will not transfer a MG to a individual in MA without a MG license.
You can have a HK sear transferred to you without a FA- 10 filed because it is not a firearm under state law, but you still have file a form 3,4 or 5 for the ATF to approve the transfer to you . There are still many tubes, side plates and sear's floating around that are not firearms under MA state law but are MGs in the eyes of the ATF.

Thanks for the explanation that it is an aTF requirement. That makes sense.

Because without a green card you have a $15,000 paperweight.

Not all of us are planning to stick around MA.


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[atilla]

Not all of us are planning to stick around MA.

while you're there, you're subject to their bullshit. MG requires a green card, no exceptions. if the thing needs to go through a FFL/SOT and then has to be transferred via form 4--it's NFA (as previously stated exempt from MA AWB), and it's a MG where you need a green card to have it in MA. no exceptions.

 

[one-eyed Jack]

while you're there, you're subject to their bullshit. MG requires a green card, no exceptions. if the thing needs to go through a FFL/SOT and then has to be transferred via form 4--it's NFA (as previously stated exempt from MA AWB), and it's a MG where you need a green card to have it in MA. no exceptions.

Amen. Jack.

 

[01SVTvert]

Ok let me see if I can explain this correct. I am thinking about buying a stripped transferable MG lower, so has never been a a complete gun. Will this not be a legal firearm because by the Mass AWB it needed to be a complete firearm prior to 1994. Or is NFA items exempt.

Any thought would be helpful.


sbr

What type of lower? M16 or M11 maybe?

Check prices on sturm, if it is 10% below average then be interested. If 20% below average grab it! Either that or pass along the deal to someone else here.

 

[browncoat]

while you're there, you're subject to their bullshit. MG requires a green card, no exceptions. if the thing needs to go through a FFL/SOT and then has to be transferred via form 4--it's NFA (as previously stated exempt from MA AWB), and it's a MG where you need a green card to have it in MA. no exceptions.

I get that. What I didn't get was why MA would consider a lower a machine gun, which was explained earlier in the thread to be an ATF condition not an MA condition

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[atilla]

MA doesn't classify it, when it is classified federally that is what it is. pistol's a pistol, rifle's a rifle, machine gun is a machine gun.

 

[Acme.Armament]

I get that. What I didn't get was why MA would consider a lower a machine gun, which was explained earlier in the thread to be an ATF condition not an MA condition

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BATF&E classify semi-auto AR lowers as handguns for the purpose of sale/transfer/transportation. The OP's stripped lower is classified as a MG according to BATF&E-NFA Branch. So he has to follow all the MG rules federally and locally.

MA doesn't classify it, when it is classified federally that is what it is. pistol's a pistol, rifle's a rifle, machine gun is a machine gun.

MA doesn't classify semi-auto stripped lowers. It does classify MG's. His lowers is already classified as a MG so he has to follow all the federal & state MG laws/regs.