CT AWB / NFA theory, need input

[tmitney]

SB 547 has died, so the select fire provision will remain in the AWB (53-202a). My question – what if I put a registered drop in auto sear in a AWB-registered AR-15 and put in select fire parts? Select fire makes the rifle an assault weapon, but the rifle is already a legal assault weapon. The DIAS must be registered with the DPS, as it is a part designed for use in converting a weapon into a machine gun (53-202). The DIAS does not fit the CT definition of firearm [53a-3 (19)], so could the DIAS itself be considered a select fire assault weapon? I think (hope) not, but I’m sure. I would appreciate info / opinions before I attempt to get this question answered by the State’s Attorney Office (which they probably will not answer anyway). Thank you for your time.

 

[dcmdon]

Let me restate your question to make sure I get it. Its an interesting question.

Because the pre-ban receiver (assuming its not named, like a colt sporter) is not an AW in CT law, adding a registered DIAS does not make it an aw.

And because its pre-ban it can't be an AW, regardless of how it shoots.

Its an interesting topic.

When you add the dias to the AR, the feds still consider the dias to be the machine gun.
The next question is what would the state consider to be the machine gun?

In looking at the language of the AWB: Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user . . . .

I'd think that you could NOT make it select fire. Here's why. Both the AR and the DIAS are firearms according to Federal law. The CT law is silent about DIAS, but there is no reason that if push comes to shove, they would fall in with federal law.

I'm no lawyer, and my advice is worth every dime you have paid for it, but I'd not bother trying to push a select fire gun.

Also, if you think about it, every transferable MG is "pre-ban". So your argument could in fact be applied to any pre-86 transferable MG.

I'm no lawyer, so pick my logic apart if you think Im in error.

 

[dcmdon]

I just reread your post. I thought you were trying to use a DIAS to build a legal select fire MG.

But, now I think you are just trying to figure out if a DIaS is legal in CT.
If thats the question, the answer is a definite YES.

Again, I go to the language of the statute. "capable of fully automatic, semiautomatic or burst fire at eh option of the user".

If you have to take it apart to remove the "machine gun" for it to be semi-auto, it is definitely not selective fire.
An AR with a DIAS is either full auto with it in, or semi auto with it out.

In contrast, When I got my M11/9, Gary at Newington removed and kept the parts that would allow semi-auto fire before it was transferred it to me.
I can't have those parts because with them I could easily convert my M11/9 into a select fire firearm. I'm not sure if you are familiar with the term "constructive intent". If not, google it, its a good thing to know.

I hope this helps.

Don

 

[tmitney]

Actually, the AR-15 in question is a Colt – it is a registered assault weapon with the DPS. I am interested in inserting a DIAS and having the Colt be select fire. Select fire = assault weapon, but the Colt is already a legal assault weapon…

 

[dcmdon]

Now I see where you are going. Since it's a legally registered assault weapon you should be able to legally have it be select fire.

I agree that that makes sense since it's already an assault weapon.

I didn't know that a Dias allows select fire. I thought the rifle was only full auto with it installed.

One other question. Doesn't the colt have features designed to specifically prevent the instalation of a Dias?

Don

 

[tmitney]

Exactly.
The DIAS serves only to trip the disconnector, so if select fire components are installed in the lower - it will work as select fire. My Colt lower does have a block installed where a DIAS or LL would be placed; M60 Joe can mill that out no problem. I'd probably need him to put a size reducer in my trigger pin holes as well so it could accept a spec M16 hammer. Colt made it a pain to do the conversion, but if your legal and have the option to have a pro do it its not so bad.

 

[dcmdon]

My normal inclination would be to suggest you leave a cool older (I assume its an AR15 A2 Hbar, aka green label) colt alone and just buy a pre-ban lower for $400.

But I think you have it right in thinking you would be ok with it being select fire if you used a registered AW as a donor gun.

Don

 

[tmitney]

Thx!