From: msn@reef.cis.ufl.edu (Mike 'HK G3ZF Full-Auto' Newsome)
Newsgroups: rec.guns
Subject: (null)
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.

	NO!

	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
	   civilians.
	
	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
	or not.

	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
	assembled. ILLEGAL!

# 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
# ccap001@utxvm.cc.utexas.edu
# (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,
        ________                                    __  __  ______
       /  ____//__      msn@reef.cis.ufl.edu       / / / / / ____/
         /  //  //      Michael S. Newsome        / / / / / /__
          GUNDAM        3632 NW 46th Pl.         / / / / / ___/
        //  //          Gainesville, Fl.        / /_/ / / /
      //__//___/        32605-1046.            /_____/ /_/
        //______/       U.S.A.            The University of Florida
                                                  Alumnus

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