Legality of full auto gift

[ATM]

Asking for advice for a friend. No, seriously... NOT ME.
Friend's bro-in-law (active military) gave him a full auto AK that he brought back from Afghanistan. What can he do to legally own this? I have not seen this situation on the board (i.e. correcting an illegal situation) as most questions and advice center around the proper steps to be legal prior to ownership. Appreciate suggestions.

 

[RonPaulSupporter]

What can he do to legally own this?

Nothing, all machine guns owned by a civilian must be registered before May, 19 1986. I don't think there is anyway it can be legal.

 

[ATM]

If no legal way to own it, any suggestions on what to do with it?

(My thought is PVC tube buried in sand with thin layer of concrete which could be broken up and retrieved for OMGWTFSHTFBBQ)

More serious suggestions are also welcome. Thanks!

 

[Indy_Guy_77]

I'd say that the possessor and giver of said automatic AK would be in one hell of a heap of trouble should ANYONE find out.

Oh, and keep in mind, that it's about 85% likely that this board is read by "anyone".

-J-

 

[ATM]

Hence, no names. It's really not me so I am not worried. He really may need a good option to distance himself from it, though.

 

[undecided]

Could he take a saw to the current reciever and cut it up and then build it back on a legal US made reciever? Then it would just be like building a rifle from a parts kit correct?

 

[Donnelly]

Literally, if no one wants to pay massive fines and possibly do time in federal prison, I would suggest the destruction of said firearm. Perhaps a home workshop with a grinding wheel. That said, I don't know if I could do the deed, if it were me. Oh, I suppose I could, but it would break my heart.

As a side note, does anyone find this story suspicious? Brother-in-law who is active military jeopardizes his career to bring home a fully auto AK? Isn't there any sort of inspection of property when transporting personal items?

 

[shooter521]

Could he take a saw to the current reciever and cut it up and then build it back on a legal US made reciever? Then it would just be like building a rifle from a parts kit correct?

Nope. It was contraband that entered this country illegally to begin with; cutting it up with a saw (which wouldn't be to ATF specs anyway, since they require receivers to be torch-cut now) won't change that status.

As a side note, does anyone find this story suspicious? Brother-in-law who is active military jeopardizes his career to bring home a fully auto AK?

What's suspicious to me is not that he jeopardized his career (and freedom... hello Leavenworth!) to bring it back... it's that after doing so, he gave it away to his brother-in-law!

Isn't there any sort of inspection of property when transporting personal items?

You bet your a$$! Guys have gotten busted for bringing back stuff a LOT smaller and less illegal than an AK...

 

[Donnelly]

Could he take a saw to the current reciever and cut it up and then build it back on a legal US made reciever? Then it would just be like building a rifle from a parts kit correct?

Not exactly. Different sear, bolt carrier, etc.

 

[ATM]

As a side note, does anyone find this story suspicious? Brother-in-law who is active military jeopardizes his career to bring home a fully auto AK? Isn't there any sort of inspection of property when transporting personal items?

Just going by what friend (who has no known reason to make it up) described to me. I don't even know the name of the in-law. I wasn't suspicious perhaps due to my own ignorance of the severity of the situation. I will certainly share this entire thread with him. Thanks for all of your input.

 

[Scutter01]

Nothing, all machine guns owned by a civilian must be registered before May, 19 1986. I don't think there is anyway it can be legal.

Not trying to thread-jack, but this has always confused me. How is it legal to build full-auto NFA rifles if the ban prevents you from registering new ones?

 

[4sarge]

Not trying to thread-jack, but this has always confused me. How is it legal to build full-auto NFA rifles if the ban prevents you from registering new ones?

My understanding is that the lower receiver must have been registered as NFA before the ban. No full auto/select fire firearms can be imported or manufactured unless registered prior to the ban. Kinda like the AR build, you are registering the lower before adding the upper etc.

 

[Lars]

Not necessarily the Lower. Each gun has a different set of rules.

For the AR-15/M16 there are I believe 16 parts that separate them. You can put any combination of 15 of them into your gun, EXCEPT the full auto sear. is my understanding. As long as your full auto sear has proper paperwork from PRE 1986 you're good to go.

With HK's The Trigger Group has the controlled parts in it. If your trigger group pre-dates 1986 same thing, perfectly legal to build a "new" G36 using an older trigger group, and an SL8 rifle.

 

[4sarge]

Not necessarily the Lower. Each gun has a different set of rules.

For the AR-15/M16 there are I believe 16 parts that separate them. You can put any combination of 15 of them into your gun, EXCEPT the full auto sear. is my understanding. As long as your full auto sear has proper paperwork from PRE 1986 you're good to go.

With HK's The Trigger Group has the controlled parts in it. If your trigger group pre-dates 1986 same thing, perfectly legal to build a "new" G36 using an older trigger group, and an SL8 rifle.

Thanks for the correction. Sear was the correct terminology

 

[shooter521]

For the AR-15/M16 there are I believe 16 parts that separate them. You can put any combination of 15 of them into your gun, EXCEPT the full auto sear. is my understanding.

Actually, ATF defines a machine gun in part as "any combination of parts" that can be used to convert a gun to full-auto fire. It is generally accepted that having an M-16 fire control group, selector and bolt carrier in your semi-auto AR is a BAD THING, since it may be possible to induce the gun to slamfire or double with that combination of parts, thereby rendering it an "illegal machine gun." Just look what ATF did to that guy with the "malfunctioning" Oly rifle... It's best not to tempt fate, IMO.

 

[Turtle]

Hmm? Any one here have an Ak47? One might notice with some inspection that it can be made fully automatic with a file. Does that mean owning a "file" and an AK is illegal? (I keep a couple files in my SHTF bag)

 

[shooter521]

Hmm? Any one here have an Ak47? One might notice with some inspection that it can be made fully automatic with a file. Does that mean owning a "file" and an AK is illegal?

The difference is that a file has a primary purpose other than allowing a gun fire full-automatic. An HK fire control group does not...

But then, ATF has ruled that a shoestring, a spring, and a hole are "machine guns," so you never know!

 

[Fenway]

Sorry but I have a hard time believing this one.

Friend's bro-in-law (active military) gave him a full auto AK that he brought back from Afghanistan.

 

[Don]

Its best to bury it in PVC pipe and be done with it. Its Illegal as hell.

 

[Fenway]

What about this video shot at Pops. Is it ok to attach something to your gun that will aid in "bump firing"?

[ame="http://www.youtube.com/watch?v=PVfwFP_RwTQ"]YouTube - www.PoormansMachinegun.com Episode 1[/ame]

But then, ATF has ruled that a shoestring, a spring, and a hole are "machine guns," so you never know!