From: email@example.com (Mike 'HK G3ZF Full-Auto' Newsome)
Date: 30 Mar 93 18:10:32 GMT
Through poor articulation I seem to have confused a number
of ya'll who have written me for further clarification. I'm
going to respond using Paul's letter since he has addressed
most of the points ya'll are inquiring about.
#> However ANYBODY can own or possess these parts kits provided
#> that they neither contain a REGISTERED auto sear, nor does
#> the individual possess a semi-auto that can accept the parts.
# Are you saying here that as long as the parts kit does not
# contain an auto sear and the person has a semi-auto that can
# accept the parts, they are legal.
There exist two kinds of parts kits:
1. Registered Auto-Sear ( Which, by ATF regulations, is a
machinegun all by its self.) Plus other misc. parts like
a bolt carrier, disconnector, selector, etc. The REGISTERED
auto-sear IS a machinegun. Therefore this truely isn't
a parts kit but is actually a complete gun. A Class II
manufacturer may assemble these parts with a semi-auto
firearm to create a working gun. If the auto-sear was
registered prior to May 19th 1986 this weapon may be owned
by the general public. If it was registered after May
19th 1986 it is non transferable and may NOT be owned by
2. All parts are unregistered. This kit contains all the
same parts including an auto-sear, but this sear is NOT
registered. ATF does not consider the sear to be a
machinegun. However, if you own this kit AND a semi auto
firearm that will accept it, then by ATF definitions you
are in possession of a machinegun.
I believe your question is:
If I own an AR15, but I've exchanged my AR bolt carrier for
an M16 carrier and have a few full auto parts, but NOT the
auto-sear am I O.K. ?
NO! ATF still considers this a machinegun whether it works
Anyone may purchase Kit 2 since they are just considered spare
parts for people who own machineguns. You don't even have to
own a machinegun to buy these parts. You'd better just make
sure you don't own a semi-auto rifle that will acept them
because ATF considers the combination of both to be a machine-
gun. ATF does not like any full auto parts in any gun that
isn't registered as a machinegun. ATF further states that
these parts don't even need to be in the gun for it to be
considered a machinegun. Remember, for discussion purposes
we are talking about KIT 2. Kit 2 are the unregulated parts
that you may purchase without any paperwork. Kit 1 is a
machinegun which requires a $200.00 fed. tax, fingerprinting,
photographs, signatures, and of course REGISTRATION.
# But, if the kit contains a REGISTERED auto sear it is illegal?
No. What you actually bought is a REGISTERED machinegun.
What I meant, but perhaps didn't articulate well in my
original post, is ...
Semi-auto gun + Kit 2 ( that fits gun ) equals
machinegun = 10 years + $10,000.
Semi-auto gun + Kit 1 equals machinegun ( registered )
which also equals fun.
# That sounds odd to me, if it is registered is it not legal?
It is legal if it is registered. The problem is that
ATF will no longer register ( for the general public )
any new parts. Only those parts registered prior to
May 19th 1986 ( Kit 1 ) may be assembled into functioning
weapons and sold to the general public.
Weapons assembled by Kit 2's may NEVER be sold to the public.
These are call post '86 dealer samples and may only be sold
to the Police, any Government agency, or exported. ATF has
rulled THOU SHALT NOT OWN... EVER!
# What else must be registered for the combination to be legal?
Only Kit 1's are legal. Kit 2's without a semi-auto
are legal to own, but NOT to assemble. possession of kit 2
plus a semi-auto that kit 2 will fit into is considered
# Is the registered auto sear considered a replacement part for
# a registered reviever?
No. A registered auto sear is a machinegun all by its self.
It is not a replacement part. A Kit 2 auto-sear is a
replacement part for a registered receiver.
# Does this constitute a new post ban automatic weapon even if
# the semi-auto was pre ban?
Only the date the auto-sear was registered determines whether
the machinegun is pre-ban or post ban.
# I was under the impression that one could purchase a registered auto
# sear and use it in anything that would accept it and still be legal.
Correct. 'REGISTERED AUTO-SEAR' is the operative word here.
This is a Kit 1 weapon. Not a Kit 2 + semi-auto.
# So many questions, The reason I ask is because I am thinking about
# buying a registered full auto lower reciever and building the rest
# as money permits.
There are 3 kinds of machineguns:
1. Registered Sear guns. The sear is the registered part.
If the sear wears down through years of use and no longer
functions, or if it breaks, the you no longer have a
machinegun. You CANNOT use Kit 2 autosears as replacement
parts for your Registered auto-sear since Kit 2 sears are
unregistered. If this is done, ATF considers this the
ILLEGAL manufacture of a Post 86 Machinegun.
2. Registered Receiver Guns. On a HK type weapon this is the
upper receiver which is the registered part. If you break
or loose an auto-sear in this type weapon, then you can buy
Kit 2 Unregistered sears and use them as spare parts since
your original sear was unregistered anyway. On a Browning
1919A4 belt-fed .30 Cal. it is only the right side plate
which is the registered part. On an M16 it is the lower
receiver that is the registered part. Please make the
distinction between a complete lower that is a registered
receiver, and a complete lower that has a registered auto
sear in it. They are not the same.
3. Machinegun Receiver Guns. These are guns that were
manufactured as machineguns at the original factory.
These are not converted semi-autos.
MG Receiver > Registered Receiver > Registered Sear.
This is true of both price and value.
# Paul Morris
# U.T. Austin
# (512) 471-3241
P.S. If I've thuroughly confused you at this point E-Mail
me another letter and I'll give you a call and we can
hash this out to your satisfaction.
Dooka yoroshiku onegaishimasu,
________ __ __ ______
/ ____//__ firstname.lastname@example.org / / / / / ____/
/ // // Michael S. Newsome / / / / / /__
GUNDAM 3632 NW 46th Pl. / / / / / ___/
// // Gainesville, Fl. / /_/ / / /
//__//___/ 32605-1046. /_____/ /_/
//______/ U.S.A. The University of Florida
Watashino hatano motoni watashiwa jiyuuni ikiru