Legality of welding up your MG42 receiver?

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Daskraut
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Legality of welding up your MG42 receiver?

Post by Daskraut »

I was at the local gunshop talking about the 10 round california limit for a semi-auto guns, and wondered out loud how belt feds would be handled on a welded up and modified for semi auto gun?, one of the guys popped in with the fact that it can not be legally welded up at all cuz "once a full auto, always a full auto" . Now I started reading all our posts on this, and nobody has gotten the letter of the law or a letter period on the welding up of an MG42 in semi-auto config. As I was probing around, I went to BRP and was reading about there kit and saw " Do not use any parts of the original MG-42 receiver. This would result in a contraband firearm according to our letter from BATF regarding this configuration".
" . Gents, we need to get the real legal low-down on this once and for all. I want to build one of these AND be able to sleep at night knowing I am in the clear. Lets start with posting an approved letter from BPR or TNW or??. Opinions be damned, unless you are a fed!. We all desire to be good little citizens, lets work on this and get it posted once and for all as a sticky we can quote with pride. knowing we are in complience with the law. DK
Abwehr

Welding

Post by Abwehr »

Since I have a BRP MG42, I should be OK with mine, but "Daskraut" does make a valid point. I have read many postings on various Forums concerning the use of "former" MG receivers and welding them back up. I am sure anyone building an SA MG42, MG34, etc. wants to comply with all the laws!

What I have always read on the internet, is that the demilled receivers are no longer receivers, just scrap steel Not being a lawyer, it is difficult to understand the "thinking" of the ATF when trying to get a conviction. If the demilled receivers ARE indeed considered scrap metal, then rewelding into a SA configuration should be legal. But, the ATF can actually do anything they want and lose in court, but it has cost you maybe everything you have to beat a lawsuit from them.

My thinking is that if a receiver was demilled properly, you can legally own this scrap metal according to ATF. You can then take this legal scrap metal and fabricate a new legal SA receiver from it, as long as it meets the requirements that it is SA ONLY. It sure would be nice to have something that the fabrication of a SA receiver from a former FA receiver was legal! Just some of my thoughts, and there are plenty of the "Internet Lawyers" that don't have a clue to what they are saying.
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Post by Blanksguy »

What is really "tricky" about the "letters" is that they come in two catagories:

1: "Letters" allowing only "that-Company" to make an item within the written guidlines from BATF....and...
2: "Letters" allowing the "individual the letter was addresed" to make an item within the written guidelines from BATF.

Has anyone ever read about BATF's written "Decisions" which translates into something/decision that effects everyone (I can not recall the exact term for the other written BATF papers)......which are not "Letters" ?

I guess what I am trying to say here is that BATF can "allow" in writing for someone (or a Company) to make something.......but it is not open to everyone. An example of this might be for "me" to request a model change of a Class III weapon from BATF......or for "me" to build something....which they reply to "me". Later, BATF could argue that they did not "allow-you" to do the same thing.

Anyway, "BATF-Letters" are "addressed" to individuals and/or Companies............"BATF Firearms Decisions" are printed in the FFL Newsletter and then added to the Regulations later.

What makes all of this a "Gray-Area" is that under Federal Law.....you can make a semi-automatic rifle for your own use as long as you stay within the guidlines of the "Laws" (Federal, state, local, etc.).

Be safe, RichardS.
Blanksguy2001@chartermi.net
PS:.......do you still have that "warm-feeling" ?
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Post by Daskraut »

Solid points. One thing I know from doing similar in the past is when you duplicate a previously approved job/mod/change, it is much easier to get it approved when accompanied by a letter which describes the same mod, prev approved by the same agency that you seek approval from. This works like a charm because nobody wants to dispute a fellow govt/ departmental brother on said subject.It worked once, it will work again.If only we had a letter from BRP or similar to study.
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Post by MEGALODON »

I agree with Ab, it's my understanding that once the receiver is demiled, it's no longer a gun, and therefore no longer counts as still being a machine gun. You can then use the parts to build a legal semi auto (with semi mods done first, of course)

Where the "once a machine gun, always a machine gun" thing comes into play is if you have a full auto 42 (for example) and simply modified the grip stick area and put in a bolt block, then called it no longer a machine gun. You have to make sure its no longer a gun first by demiling it, then YOU are making the gun. There is no legal requirement that you can't use pieces of receivers (scrap metal to the BATFE) to make a semi auto.
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Post by Daskraut »

All these points make sense to us, but that aint worth a hill of beans to the gov-ment.They want FACTS and Laws/rulings. That is what we need here. We can jaw about this till the cows come home, but we need solid legal verification, period.If you see a passage in the regs that is applicable, let us post that here.
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Post by drooling idiot »

more
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Post by drooling idiot »

i hope this resolves the question of the legallity of reusing the properly demilled reciever scrap.
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Post by Daskraut »

Oh yea!!!, thats the stuff I wanna see!!. I feel like forrest Gump when he "touched" Jenny in her dorm room!!!. D.I., you get a steak dinner when you come to southern california. :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :thanks: :beer: :jump: GTS
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