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Looking for CLEAR & CONCISE info

Posted: Sun Feb 11, 2007 2:52 pm
by orione6a
Hello All,
I am quite sure most of what i have on my mind has been addressed in the past, but if it is, its "scatterd" in 20 different posts. i wish there was a central, sticky post that someone like myself could readily refer to as a base. Having said that, I wish to tackle a rebuild, semi auto MG34 from a dewatted rcvr and a parts kit. I do know that there is a "tutorial" on the site, but it leaves me with more questions then answers. My list below will be long, so please excuse me.

1. Does someone have a source, library, references, documents etc from our friends at the ATF stating clearly "THAT we can legally build these"?
In other words, i know there is specific permission granted for the 42, but i have NOT seen anyting definitive for the '34. Not sure if making something "just like TNW" covers us, since they HAD to submit a sample and gain approval.

2. If there is an allowance for a rebuild, does the "922" clause come into effect. Seems as if a reweld into semi would NOT comply with this, since we are using 60 yr parts from overseas.

3. In the rebuild tutorial, there is a mention of modifying the recvr so that a full auto bolt could not be used. While this is nice, its rather vague. By just looking at the bolts ( i have 3 FA bolts), i see that the bolt has the "hooked ramp" on the bottom, which I assume is part of the full auto portion. I also assume that the "channel" on the bottom of the recvr, where the bolts rides, needs to be filled on, so that the FA bolt cant be installed. How much of it must be filled in? The '42 is legal with a simple stop pin welded in...i think they allow a machine bolt.

4. Has anyone had a FED, the FEDS, or anyone dark and scary actually LOOK at one of their rewelds into SEMI '34s. I assume nobody has submitted one for approval, or else I'm sure we would have access to their approval letters. So, has anybody had the "gee, nice gun occurance" happen while out and about by the ATF.

I ask none of this to appear to be confrontational, or a nay sayer. I simply do not wish to venture out and be the "TEST CASE" for the legitimacy of our homebuilds.
I'm sure this will cause all kinds of responses........Please let it not be finger pointing and name calling. I just request, for myself and others, that we make a data bank so others coming behind me can refer to.........point by point.

Posted: Sun Feb 11, 2007 3:18 pm
by salt6
Please do a little research. This site cannot give legal advice. Here is a little info for you to read.

http://www.atf.gov/index.htm

http://www.atf.gov/firearms/faq/

http://www.atf.gov/firearms/faq/faq2.htm#a6

(A6) Does the GCA prohibit anyone from making a handgun, shotgun or rifle?

With certain exceptions a firearm may be made by a non-licensee provided it is not for sale and the maker is not prohibited from possessing firearms. However, a person is prohibited from assembling a non-sporting semi-automatic rifle or non-sporting shotgun from imported parts. In addition, the making of an NFA firearm requires a tax payment and approval by ATF. An application to make a machine gun will not be approved unless documentation is submitted showing that the firearm is being made for a Federal or State agency.

[18 U.S.C. 922(o) and (r), 26 U.S.C. 5822, 27 CFR 478.39, 479.62 and 479.105]

Re: Looking for CLEAR & CONCISE info

Posted: Sun Feb 11, 2007 6:50 pm
by helix60
I offer no legal advise, as Salt stated visit the links above for your legal information. Otherwise I will try to answer briefly the remainder of your questions. Anything in () is a non legal opinion.

#1 see above
#2 see above (TNW semi 34 is a firearm not a rifle so 922 has not been a requirement as of yet, So I wouldn't try getting it reclasified. Someone got a re-aproval on thier semi 42 that suddenly turned it into a "Rifle" according to ATF. Ruined it for a number of people because there now needs more 922 parts)
#3 Yes a bolt block must be installed. Simply a block made to fill the origional sear channnel that protrudes into the receiver does the job. First it prevents the introduction of the FA bolt sear. Second the protrusion prohibits the introduction of an unmodified FA bolt.
#4 see above (Historicaly a home built does not require ATF aproval so long as it's intention is not for sale. So far as I know, not legal advise)

Regards,
Heli
orione6a wrote:Hello All,
I am quite sure most of what i have on my mind has been addressed in the past, but if it is, its "scatterd" in 20 different posts. i wish there was a central, sticky post that someone like myself could readily refer to as a base. Having said that, I wish to tackle a rebuild, semi auto MG34 from a dewatted rcvr and a parts kit. I do know that there is a "tutorial" on the site, but it leaves me with more questions then answers. My list below will be long, so please excuse me.

1. Does someone have a source, library, references, documents etc from our friends at the ATF stating clearly "THAT we can legally build these"?
In other words, i know there is specific permission granted for the 42, but i have NOT seen anyting definitive for the '34. Not sure if making something "just like TNW" covers us, since they HAD to submit a sample and gain approval.

2. If there is an allowance for a rebuild, does the "922" clause come into effect. Seems as if a reweld into semi would NOT comply with this, since we are using 60 yr parts from overseas.

3. In the rebuild tutorial, there is a mention of modifying the recvr so that a full auto bolt could not be used. While this is nice, its rather vague. By just looking at the bolts ( i have 3 FA bolts), i see that the bolt has the "hooked ramp" on the bottom, which I assume is part of the full auto portion. I also assume that the "channel" on the bottom of the recvr, where the bolts rides, needs to be filled on, so that the FA bolt cant be installed. How much of it must be filled in? The '42 is legal with a simple stop pin welded in...i think they allow a machine bolt.

4. Has anyone had a FED, the FEDS, or anyone dark and scary actually LOOK at one of their rewelds into SEMI '34s. I assume nobody has submitted one for approval, or else I'm sure we would have access to their approval letters. So, has anybody had the "gee, nice gun occurance" happen while out and about by the ATF.

I ask none of this to appear to be confrontational, or a nay sayer. I simply do not wish to venture out and be the "TEST CASE" for the legitimacy of our homebuilds.
I'm sure this will cause all kinds of responses........Please let it not be finger pointing and name calling. I just request, for myself and others, that we make a data bank so others coming behind me can refer to.........point by point.

Posted: Tue Feb 13, 2007 4:00 am
by smoggle
The receivers ar de-milled NOT dewatted. A dewat is a 'deactivated war trophy' and should be a registered weapon because it can be re-watted into a class III weapon. Not being a jerk just trying to clarify terms.

Besides, take the time to fully look over the site. You can cut and paste any info you need for yourself on your computer then, print it out for a hard copy. There are MANY interesting subjects here. It is well worth the time to dig through it.

Re: Looking for CLEAR & CONCISE info

Posted: Tue Feb 13, 2007 10:46 am
by striker754
orione6a wrote:Hello All,
I am quite sure most of what i have on my mind has been addressed in the past, but if it is, its "scatterd" in 20 different posts. i wish there was a central, sticky post that someone like myself could readily refer to as a base. Having said that, I wish to tackle a rebuild, semi auto MG34 from a dewatted rcvr and a parts kit. I do know that there is a "tutorial" on the site, but it leaves me with more questions then answers. My list below will be long, so please excuse me.

1. Does someone have a source, library, references, documents etc from our friends at the ATF stating clearly "THAT we can legally build these"?
In other words, i know there is specific permission granted for the 42, but i have NOT seen anyting definitive for the '34. Not sure if making something "just like TNW" covers us, since they HAD to submit a sample and gain approval.

You make it too hard. Laws apply to everyone, not a select group. If you use the TNW design you are fine. If you are worried submit a FOIA request and get the letters they have written.

2. If there is an allowance for a rebuild, does the "922" clause come into effect. Seems as if a reweld into semi would NOT comply with this, since we are using 60 yr parts from overseas.

You can make it have enough parts. I dont even think it is a rifle anyways. Besides, there are no penalties for 922r.

3. In the rebuild tutorial, there is a mention of modifying the recvr so that a full auto bolt could not be used. While this is nice, its rather vague. By just looking at the bolts ( i have 3 FA bolts), i see that the bolt has the "hooked ramp" on the bottom, which I assume is part of the full auto portion. I also assume that the "channel" on the bottom of the recvr, where the bolts rides, needs to be filled on, so that the FA bolt cant be installed. How much of it must be filled in? The '42 is legal with a simple stop pin welded in...i think they allow a machine bolt.

There is a picture that I have somewhere that shows it.

4. Has anyone had a FED, the FEDS, or anyone dark and scary actually LOOK at one of their rewelds into SEMI '34s. I assume nobody has submitted one for approval, or else I'm sure we would have access to their approval letters. So, has anybody had the "gee, nice gun occurance" happen while out and about by the ATF.

Ya. TNW did it. That's all that is needed.

I ask none of this to appear to be confrontational, or a nay sayer. I simply do not wish to venture out and be the "TEST CASE" for the legitimacy of our homebuilds.
I'm sure this will cause all kinds of responses........Please let it not be finger pointing and name calling. I just request, for myself and others, that we make a data bank so others coming behind me can refer to.........point by point.
.

Posted: Tue Feb 13, 2007 11:29 am
by orione6a
Guys, I appreciate the info. I have spent MANY MANY hours scouring this site, and yes, there are many bits and pieces floating around. My intent, while somewhat selfish, was to get guys to post this kind of info in one location, IE, post. Then it would be readily available in 1 CENTRAL location to ALL who may be contemplating this. I would rather spend time putting one together (MG34 semi) rather than digging thru the archives to assemble the data. Im sure this would not be construed as giving legal Advise, but an honest discussion of applicable mods, etc that comply with current

I know this board is chock full of folks; amatuers and pros alike. And, it seems as if most are willing to help others out, which is why i enjoy the board. I was NOT asking for legal advise really, just legal evidence, and some of that was posted by Salt.............TY.

Now, can somebody please tell me how many parts are allowed under 922? YES.........being lazy, but why reinvent the wheel if you dont have to? Somebody must kow this info. In other words, putting together a homebuilt from a parts kit, how many "old" or import parts can we utilize? Does a bolt mod, and trigger group mod, count as new parts?

Thanks in advance for your posts

Posted: Tue Feb 13, 2007 11:35 am
by striker754
orione6a wrote:Guys, I appreciate the info. I have spent MANY MANY hours scouring this site, and yes, there are many bits and pieces floating around. My intent, while somewhat selfish, was to get guys to post this kind of info in one location, IE, post. Then it would be readily available in 1 CENTRAL location to ALL who may be contemplating this. I would rather spend time putting one together (MG34 semi) rather than digging thru the archives to assemble the data. Im sure this would not be construed as giving legal Advise, but an honest discussion of applicable mods, etc that comply with current

I know this board is chock full of folks; amatuers and pros alike. And, it seems as if most are willing to help others out, which is why i enjoy the board. I was NOT asking for legal advise really, just legal evidence, and some of that was posted by Salt.............TY.

Now, can somebody please tell me how many parts are allowed under 922? YES.........being lazy, but why reinvent the wheel if you dont have to? Somebody must kow this info. In other words, putting together a homebuilt from a parts kit, how many "old" or import parts can we utilize? Does a bolt mod, and trigger group mod, count as new parts?

Thanks in advance for your posts
Its not a rifle or shotgun. 922r doesn't apply. Anyways, the limit is 10 imported parts. You cna find the list of parts on google. There are no penalties for 922r.

Posted: Tue Feb 13, 2007 12:48 pm
by smoggle
I do not know that there are no penalties for 922r violation. I would hate to not have a compliant weapon and have to surrender it. Problem with government agencies is all the red tape. It would be nice if the BATFE had a listing of the parts for each weapon that pertained. That way we would not argue if the 42 or 34 have a charginging handle or not. Also if the booster cone is a muzzle attachment or if the flashider is. I know the cone doesn't 'attach' but with paper pushers it is hard to say. I have heard of field agents not knowing much about firearms, in general, giving FFL's hard times over mundane things.


The problem with a central place is one thread is started, a newbie asks a question about something and then another thread is created. Yes, it gets very fragmented. Hunting is half the fun! Maybe it means that if you have the tenacity to find all of the information in this maze you will have the determination to complete the project. It is a long an winding road and this is a very worn roadmap to go by. :D

Posted: Wed Mar 21, 2007 9:49 pm
by DEADLINE222
Here's my 2 cents on at least one part of the issue-

I fully understand the questions being asked, I have spent years reading forums, BATF letters, and I can, yet I do not want to go into great detail.

If you obey local, state and federal laws it's simple.

No machine guns, SBRs, SBS or AOW. In the 34 or 42's case, what is a machine gun? It's receiver.....and the ONLY part of ANY firearm that the BATF controls. (Unless we're talking 922r, gun parts are just gun parts. They might as well be nails and screws, totally uncontrolled.)

Once the receiver is destroyed, it is scrap metal, in any case. Once it is scrap you can do anything you want with it, as long as the finished product is not a machine gun..or the other 3 or the dreaded "per 922r non-sporting firearm" and all the other NO NOs.

What is a machine gun?.....read, the deffintions are clear, and widley availble.

Don't start with the M-14 and the shoe string. If you INTEND to produce a "machine gun" you deserve what's comming to you, unless, that is, you cannot read........it all boils down to INTENT and a jruy's descision.

So.... If your new, semiautomatic MG-34 receiver or whatever CANNOT INCORPORATE original parts that are unique to the design of a "machine gun" it is not a "machine gun".

Personally, am I scared of "dark clothed guys"? No, I have the letters, and I know the laws. If those tools cannot save me, then what is worth saving? What I am scared of are local police and Sherrif's deputys who in fact, do not spent endless hours reading forums, and printing approval letters. They scare the Hell out of me!

BATF has stated that it is OK to reweld a MG receiver as long as the FA parts and ability are removed prior to rewelding; there is a letter out there. In another letter they gave also stated that in some cases, an imported part, with enough modifications can be considered "newly manufactured" aka " US MADE" . However, in some cases of weapons they have completely ignored the fact that a imported part has in fact been remanufactured, and have stated that parts, and all parts of the weapon are imported.....regardless....and dictated by 922r. If you have not yet, visit http://www.weaponeer.net which has a complete source of BATF letters in the "Appoval letters" section which will fill you with plently of confidence.

As long as licensed companies continue to produce and sell these weapons, I will continue to build them, in their most legal, compliant form until I am told otherwise.