MP43 Demiliterized

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Jager1945

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Hi All,

I have a quick question? I saw a German MP43 for sale on one of my club websites. Price $1000. It was in Ohio. Seller stated that the gun had some kind of putty inside but was not demiliterized. He suggested that it could either be demilled by someone with welding skills or could be registered as an Auto with some modifications.

I understood that the ATF has specific specs regards these military weapons conversions and that they also offered a specific grace period a few years back to register all veteran bringback automatics of anykind. There were no exceptions. Any thoughts?

Thanks R. Allen

Ps. On second thought not a quick one.
PPS. I also heard that the Nahant Library found a Maxim or some kind of WWI Machine gun in their storage and that they were having difficulty getting a Positive answer from ATF or other agencies on registering this for a historical display.
 
Jager1945 said:
I have a quick question? I saw a German MP43 for sale on one of my club websites. Price $1000. It was in Ohio. Seller stated that the gun had some kind of putty inside but was not demiliterized [sic]. He suggested that it could either be demilled by someone with welding skills or could be registered as an Auto with some modifications.
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Inappropriate question marks aside, whoever posted this gun, if it is as you described, is a walking felony. Moreover, he is trolling for company in Club Fed.

A machine gun is not demilitarized by putting "some kind of putty inside." Neither is a machine gun which was not registered when that period was open going to be registered now, which is precisely the problem the library has.
 
The "window of opportunity" for registration was closed in 1986. Possession of anything not registered after that date is a Federal Felony and worth ~20 years according to what I was told (I never verified the penalty).

Thus, it can NOT be demilled now if it wasn't registered, nor can it be possessed by other than a PD or the BATFE.
 
If it wasn't registered prior to May 19, 1986 it can NEVER be registered for private ownership (and thus be valuable). It can be posessed by a PD or Gov't entity; it can be donated to a museum; it can have the reciever destroyed per ATF specs and the remaining parts can be sold. That is the options. Posession of an unregistered MG carries heavy penalties. run do not walk, away.
 
The only way that gun is legal is if it is what is referred to as a "Registered DEWAT" . Basically
the ATF accepts the lesser standard of deactivation, like having an iron slug welded into the breech, etc.
(as opposed to the "hack the reciever in 3 pieces" standard.) However, If the thing has no associated NFA
paperwork with it stating such, it is essentially worthless, to anything other than a museum or an LE org.

Edit: Chances are that is what it is, unless the seller is either an idiot or an ATF thug.

-Mike
 
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As anyone who's seen The Friends of Eddie Coyle knows well, possession of an unregistered machine gun is "LIFE in this state!"

That was Richard Jordan at the meeting along Memorial Drive.
 
LenS said:
The "window of opportunity" for registration was closed in 1986. Possession of anything not registered after that date is a Federal Felony and worth ~20 years according to what I was told (I never verified the penalty).
Click to expand...

I think it is "just" 10 years:

http://www.nraila.org/federalfirearms.htm#Sec. 5861

Sec. 5861. Prohibited acts

It shall be unlawful for any person:

(a) to engage in business as a manufacturer or importer of, or dealer in, firearms without having paid the special (occupational) tax required by section 5801 for his business or having registered as required by section 5802;or

(b) to receive or possess a firearm transferred to him in violation of the provisions of this chapter;or

(c) to receive or possess a firearm made in violation of the provisions of this chapter;or

(d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record;or

(e) to transfer a firearm in violation of the provisions of this chapter;or

(f) to make a firearm in violation of the provisions of this chapter;or

(g) to obliterate, remove, change, or alter the serial number or other identification of a firearm required by this chapter;or

(h) to receive or possess a firearm having the serial number or other identification required by this chapter obliterated, removed, changed, or altered;or

(i) to receive or possess a firearm which is not identified by a serial number as required by this chapter;or

(j) to transport, deliver, or receive any firearm in interstate commerce which has not been registered as required by this chapter;or

(k) to receive or possess a firearm which has been imported or brought into the United States in violation of section 5844;or

(l) to make, or cause the making of, a false entry on any application, return, or record required by this chapter, knowing such entry to be false.

Sec. 5871. Penalties

Any person who violates or fails to comply with any provision of this chapter shall, upon conviction, be fined not more than $10,000, or be imprisoned not more than ten years, or both.
Click to expand...
 
MarkM said:
I think it is "just" 10 years:

http://www.nraila.org/federalfirearms.htm#Sec. 5861
Click to expand...

It is 10 years, but the info on the fine(s) is out of date.

The fine is $250,000 (not 10K).

(M8) What can happen to someone who has an NFA firearm which is not registered to him? [Back]

Violators may be fined not more than $250,000, and imprisoned not more than 10 years, or both. In addition, any vessel, vehicle or aircraft used to transport, conceal or possess an unregistered NFA firearm is subject to seizure and forfeiture, as is the weapon itself.

[49 U.S.C. 781-788, 26 U.S.C. 5861 and 5872]
Click to expand...

http://www.atf.treas.gov/firearms/faq/faq2.htm#m8
 
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LoginName said:
It is 10 years, but I think the info on the fine(s) is out of date.

IIRC, the fine is $250,000 (not 10K).
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I think just about every gun law is 10 yr felony / 250K max fine.

FWIW often times the fine/sentence ends up getting reduced anyways
(eg, due to inability to pay/plea bargaining etc) but its pretty much
meaningless, as if prosecuted most people will probably spend all of
their net worth trying to grind down the charge with all kinds of legal
fees involved. Joe public will likely go bankrupt.

It's better to just think of the penalty as "Personal Ruin" than in any kind
of numerical terms. Getting the "prohibited person" branding is by far the
worst punishment of all. (And currently, at federal level there is no
restoration of rights unless you get pardoned by the president, or the
conviction somehow or another gets overturned later. )

-Mike
 
NS.

Thank you all. What a flurry of quick and informative answers. I really appreciate your candor. It all was what I thought and you folks confirmed it.
I think this guy was somehow affiliated with a museum in the southeastern USA, but am not sure. Perhaps he was just trolling.

thanks again and best Regards,

R. Allen
 
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