pretty sure that'swhat the ATF says.
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from one of the auction sites for a bm 59,

"Up for auction is a Beretta BM59 Type E Semi-Auto (select fire components have been removed); This is the Beretta version of the M1icon Garand. Newly professionally re-built and blued. Rifle has only been test-fired since build, runs great. Bore is good, but slight pitting in chamber area - fine if 150/ or lower gr. brass ammo is used. Original military stock is rough, but no cracks. Sold as-is. See pics (BM59 is top rifle in pics - bottom gun is a BM62, nfs). Comes with 1 - 20 round mag. Lots more pics available upon request. Payment with USPS money order only. $50 s & h + ins. to continental US only. Do not bid if it's not legal to own in your state - it's up to you to know. Must ship to your FFL. Please email with any questions prior to bidding, no refunds or returns. Thanks for looking.
[Information added 02/23/2009 5:36:55 PM]
Reserve price is $999.00, which will include shipping "
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seems to me

http://pics.gunbroker.com/GB/123345000/123345900/pix173214250.jpg[/IMG]

if it was once a machine gun the thing is still unlegal
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