4/14/06 - MG42 Firearm vs Rifle Question - ATF's Response

Post by **762x51** » Fri Apr 14, 2006 2:56 pm

Well, here is their response - Exactly what was expected - They ignored past findings for similar weapons.

See also:

http://www.panzer46.net/mg42board/viewtopic.php?t=1721

http://www.panzer46.net/mg42board/viewtopic.php?t=2018

Post by **762x51** » Fri Apr 14, 2006 4:00 pm

Getting ready for my next letter....

Post by **striker754** » Fri Apr 14, 2006 6:14 pm

what a joke.

Post by **M1 Tanker** » Fri Apr 14, 2006 7:10 pm

Thanks for letting us know Orin.

As a side note, I only count 9 imported parts. Receiver, bolt, bolt carrier, barrel, barrel extension, flash hider, buttstock, belt and operating rod (charging handle). I think the belt is stretching it, but I counted it.

US parts for my plan are: US trigger, hammer, disconnector (all AR15) and trigger housing(aluminum one), pistol grip (new wood panels made by me).

Anyone see anything wrong with my count? I'm not gonna consider something I re-manufactorer as made in the USA, but thats just me....

Post by **striker754** » Fri Apr 14, 2006 7:27 pm

A cut up receiver rewelded into a semi receiver is a US part. There is no doubt about that. It is imported as scrap steel. Its no different than making a receiver from scratch in your garage.

Post by **M1 Tanker** » Fri Apr 14, 2006 8:46 pm

Unless there is a ruling that says exactly that, then I'm not gonna go by it.

Post by **salt6** » Fri Apr 14, 2006 8:51 pm

Has the BATFE made a ruling that the charging handle on the SA MG42 is an operating rod? If not then don't count it.

Post by **striker754** » Fri Apr 14, 2006 8:55 pm

Exactly. Stop reading into the law so much. Don't put things there that are actually not.

The welded receiver is a US part. Its no different if you take steel imported from another country and make it into a receiver. Its the same thing. The receiver is SCRAP when it is imported. As long as you make the semi auto mods you are ok.

And if it makes you sleep better at night, I think there is a ruling or something about parts being modified as US. Origin of the material doesn't mean anything. Where the part was made does.

smoggle · Post by **smoggle** » Fri Apr 14, 2006 9:11 pm

I would be the charging handle is. It is a 922 part on the FAL. All it does is pull the bolt back just like it does on the 42.

Post by **salt6** » Fri Apr 14, 2006 9:33 pm

My point is if they haven't ruled on the 42 then it's not.

Post by **762x51** » Fri Apr 14, 2006 9:40 pm

salt6 wrote:My point is if they haven't ruled on the 42 then it's not.

Salt6 is absolutely correct

Until one of us gets off our butt [ myself included

] and submits a homebuilt SA-MG42 then all of this is just talk .

Post by **striker754** » Fri Apr 14, 2006 9:58 pm

Dunno how this would work, but i'd have an SOT send one in to be looked at, incase they decide for some reason to rule as MG, that way you would ge tthe gun back since they are kinda spendy?

Not sure.

smoggle · Post by **smoggle** » Sat Apr 15, 2006 12:14 am

My understanding is their list includes 20 parts and only 10 of those can be imported. Do they list each and every gun somewhere? They are a very arbitrary bunch. Remember this is the same bunch of people that said a SHOELACE was a machinegun. The government has more of our money to throw away than we do. Err on the side of caution.

none123 · Post by **none123** » Sat Apr 15, 2006 12:31 am

if you want to be completely safe then look to BRP.... their design is legal. how many "new US parts" do they have. well I count four. SO use a US fcg. And then replace one more thing. The easiest would be the grip stick. though one could ASSume that since BRP guns can have drums "a countable part" that you would only need to replace three parts to remain "safe"

Post by **striker754** » Sat Apr 15, 2006 12:33 am

No its just a list of parts that says a gun cant have more than 10 of these imported. There is no list for every gun. You guys need to stop making the laws for them. I know they are wishy washy, but think a little bit. Don't make parts try to be something they aren't. Never analyze the law and put things there that are not. The receiver is NOTHING more than scrap metal when imported. Its illegal to import a reciever. Therefore, the parts you have are not a receiver. Just the same metal you could buy from a company overseas, or at home depot. It is legal to build your own gun. It is not legal to build your own machine gun. Do the semi auto mods and you are fine. Origin of the material the part is made out of is NOT the issue. The issue, although a very shitty one, is what country the parts are actually produced in.

robertmcw · Post by **robertmcw** » Sat Apr 15, 2006 7:11 am

Maybe ypu shpuld send a foia letter on the TNW MG34 and the Browning 1919A semis too (and maybe throw in the BAR and Vickers for good measure)? Maybe since the TNW MG34 and Browning 1919A are 'firearms' and not a 'rifles' an equal protection claim could be used for clasification purposes? Just my 2 cents. Took con law back in 86, so its been a while.

041x · Post by **041x** » Fri Apr 28, 2006 2:51 am

Correct me if I'm wrong but isn't the country of orginal for the bar and 1919's the USA? So they all have USA made parts.

Post by **M1 Tanker** » Fri Apr 28, 2006 10:50 am

041x, the question isn't where the parts are MADE it is if they are IMPORTED parts. Now on a non izzy marked 1919 part, I don't think anyone could prove it was imported.

Cpt_Kirks · Post by **Cpt_Kirks** » Tue May 23, 2006 3:00 pm

Just to be REAL SURE it's legal, could you register your SA42 as an SBR?

Sure, it cost $200 and is a PITA, but 922r does not apply to SBR's.

Post by **762x51** » Tue May 23, 2006 4:26 pm

The question of the status of the SA MG42 - rifle or firearm - is still being debated by me with the ATF.

I am composing a letter in which I will show that the ATF has made misleading statements in letters to me and to a member of the US Senate trying to support their erroneous finding.

I do not want to discuss the details of this here but believe me, this is not a dead issue at all.

Regards,
Orin