[Peacemakr40]

My son and I were talking about the recent political happenings, especially Robbie Francis' comments at Kent State and he asked a question I don't know how to answer.
If you had a lower receiver for an M16/M4 that was manufactured prior to 1986 could you then build it up with OEM parts to lawfully make a fully auto or burst fire firearm? A further dive into the topic was could you repair a demilled lower receiver and would that then become legal? I looked all over and haven't received a solid answer. I thought I'd ask the experts who know more than I do about it so here I am.
What do you folks think?

 

[jeeper1]

As I understand it, if a M16 receiver was registered and on the NFA list before the laws changed, then it has been a machine gun since then.
The receiver is the weapon not the rest of the parts. That way you can swap barrels, trigger parts and everything else whenever you want to, although you may have to let BATF&E if you add different calibers.
A demilled receiver is no longer a MG and can not be re assembled as a NFA weapon. Also no semi-auto AR type weapon can have the auto sear holes in the receiver. Welding them closed is not legal.
Once a machine gun always a machine gun.
This is my understanding of this, meaning I may be wrong.

 

[GhostHorse]

This question is in lawyer territory in my opinion.

 

[jtg452]

This question is in lawyer territory in my opinion.

Either a lawyer that specializes in firearms law or someone that is an established Class III manufacturer. Either way, you really need accurate advice based on experience with the law.

from what I understand of the law- and I'm neither of the above- a registered, pre-'86 receiver is considered by the ATF to be a machinegun already.

ON THE OTHER HAND, if it's not registered, it's also considered machinegun and sounds like a great way to have a long vacation in Leavenworth on Federal weapons charges.

 

[TonyC2639]

Yeah like the others I am no lawyer. I will offer a wager. I bet you a million dollars that unless you have a Class III license you cannot build a fully automatic weapon I don't care when the receiver was made.

 

[777Driver]

Experts?!?
So we’re “experts” now?

 

[DeltaBravoKS]

Experts?!?
So we’re “experts” now?

Why, yes, I am. Aren't you?

Of course, I don't know what subject I'm an expert in, but by now I have to be an expert at something. Maybe makin' stuff up on the Internets...

It's my understanding that if it was a machine gun and you don't have the tax stamp, you're going to jail.
If it isn't a machine gun and you make one without the appropriate license and approval, you're going to jail.

[this advice is worth what you paid for it]

 

[Peacemakr40]

This was all hypothetical as my son doesn't have a line on a pre-86 receiver but he posed the question.

 

[RScottie]

When the apocalypse happens, will it matter? Asking for a friend.

 

[jspdrcrmach5]

Experts?!?
So we’re “experts” now?

I'm not an expert but I play one on the internet.

 

[777Driver]

This was all hypothetical as my son doesn't have a line on a pre-86 receiver but he posed the question.

Oh, so he’s one of those “but what if this, or what if that” kinda guys.
I hate those guys!

 

[Rotorflyr]

When the apocalypse happens, will it matter?

WHEN it happens?? What do you mean When? Don't you know Hillary lost, so it's apparently already happened...

 

[Curahee6970]

Experts?!?
So we’re “experts” now?

Let's see; ex is a hasbeen, spurt is a drip under pressure: so expert = hasbeen drip under pressure 🤔🤔

 

[Backpacker]

Actually, I learned something about what constitutes an NFA firearm.
I did not know those details about pre-86 receivers. I was working a lot in Florida throughout the '80s and remember a number of people who had full-auto M16s, legally. Then the laws changed.
Some of them said they needed only to "plug the holes" and take out the sear to make them legal.
Even allowing for "expertise," here, and vaguely differing descriptions, it's pretty clear to me that they were not legal.
Making a mistake would be a life-changer. Some people who thought their guns were legal, or who didn't even think they had a problematic gun, were sent to prison by BATFE.

I mentioned taking out the sear to make a gun legal. Another person among those I knew said that the sear all by itself was illegal, because BATFE considered it a full-auto - - -. Hmmm. So, if one of them has ONLY the sear, I shouldn't even set foot in their house?

I'd appreciate any clarification. However, I lost contact with those people many years ago.

 

[GreenWolf70]

I have been known to stay in a Holiday Inn Express every now and then.

My understanding is if you make a non NFA weapon into an auto fire weapon, you are in trouble with the Feds. If the receiver is already an NFA item, you can swap out the uppers.

My friend of mine put together a functioning M1917 .30 cal. Browning from parts using a demilled receiver that he had reconstructed into a semi-auto fire only receiver. It sits on top of his ground up restoration of a WWII jeep with a tall pendle mount. Reminds me of Rat Patrol, if any of you are old enough to remember that. But it is a faithful restoration and has been to many military collector shows.