NFA Rule 922 Questions
Anyone,
Paranoia makes people do strange things so here I go... There is a person with an SBR M16 less the lowee receiver, all internal parts for the lower receiver are included just not the housing. I asked aoubt the manufacture date to try and determine if it would be eligable to register and procure a DIAS. Is it 1986 that determines eligability? Anyway he responded with "It doesn't matter anymore. If you register it as SBR or use with auto sear it is exempt from 922 rules. It came off LE M16 so it is pre 1994."
Am I missing something along this path? I've never been referred to as the 'brightest pencil in the deck' but if it was 1994 and manufacture of civilian machine guns was stopped in 1986 it would matter wouldn't it? My dates and their significance may be completely wrong. I just don't want to get into a bad deal (ripped off) or end up in a interrogation room under a bright light trying to explain this one.
Any advise will be appreciated.....
-Will
Paranoia makes people do strange things so here I go... There is a person with an SBR M16 less the lowee receiver, all internal parts for the lower receiver are included just not the housing. I asked aoubt the manufacture date to try and determine if it would be eligable to register and procure a DIAS. Is it 1986 that determines eligability? Anyway he responded with "It doesn't matter anymore. If you register it as SBR or use with auto sear it is exempt from 922 rules. It came off LE M16 so it is pre 1994."
Am I missing something along this path? I've never been referred to as the 'brightest pencil in the deck' but if it was 1994 and manufacture of civilian machine guns was stopped in 1986 it would matter wouldn't it? My dates and their significance may be completely wrong. I just don't want to get into a bad deal (ripped off) or end up in a interrogation room under a bright light trying to explain this one.
Any advise will be appreciated.....
-Will
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Your post needs clarification. My understanding of the matter is that the "Lower Receiver" is the firearm, as far as the Feds are concerned.
From your post, all your buying is parts. As long as you don't have a another lower receiver in your possession your OK. If you do have a lower receiver I wouldn't be buying anything until your sure that you meet the requirements for ownership of a SBR, and have the required paperwork/Tax Stamp.
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Your friend is confusing the NFA with the expired assault weapon ban. What he has is an M16 parts kit. It contains everything you need to make an M16 except the lower receiver. Unless you buy a receiver that was registered with the NFA as a machinegun prior to 1986 there is no way you can assemble those parts onto a receiver.
If you were to use semi-auto parts into a new receiver you could register it on a form 1 as a SBR. It would have to be semi-automatic, though. If you do this I would recomend buying the receiver then registering it as a SBR prior to taking possession of the upper.0 -
A "bad deal" would be paying > $50 for the whole thing. There's not a lot of value there: an almost worthless (probably worn out) short barrel, a worthless bolt assembly that ATF says you can't use in an AR-type rifle, & a not-too-valuable upper receiver.
You don't need to worry about possession of the short barrel. It's not like NFA parts, the possession of which can cause problems. It's just a part until it is assembled into a SBR. There should be a bunch of new 10" & 14" barrels out there; they were sold about 10-15 years ago, but most buyers never put out the $200 to make the SBR.
You can buy a registered DIAS & install it in any AR-type that is physically capable of accepting it.
Neal
"Just because you are paranoid, that doesn't mean that they aren't out to get you."0 -
Possession of the barrel is lawful, you are correct, but possession of a short barreled upper and a lower receiver together can get you into hot water. That is where buying the upper after the SBR paperwork is approved comes into play. Possession of an unregistered pre-82 DIAS is also lawful, unless you have a lower receiver. It's one of those stupid little details that fall under the "better safe then sorry" category. 0 -
Thanks everyone.. I guess what I was trying to ask was 'can this be legally converted to automatic'? I was somewhat confused about dates in that after date x it could not be converted by a civilian and before datea x it would be permissable.
I have been told to expect sticker shock when looking. Does anyone know of any resources for either a domplete DIAS or "registerable" lower receiver?
I think I'm on a dead end road but having fun looking anyhow. Also, I'm not too worried about the paperwork as this would be my second, first was a subgun.
-Will0 -
Not to quibble over word definitions, but there is no such thing as "registerable". If it isn't already registered, it can't be. What you want is "fully transferable", &, you are correct, sticker shock is likely. A "dealer sample" can't be sold to you.
You will occasionally see a registered DIAS on several of the online auction sites; just keep looking. Also ask your local Class III dealer, as you will have to deal with him, no matter what.
Do not be conned by anyone offering a "pre-1981 DIAS" that supposedly does not need to be registered. True, they don't need to be registered, but possession of one AND any AR-type rifle is a felony, good for 10 years at Club Fed. There has been an ad for these in the gun newspapers for 15-20 years; the mailing address for the seller is suspiciously close to a Federal installation.
Neal0
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