What ever happened to the MKS reweld case

[Jim K]

Sorry, folks, but that "once a machinegun..." is the way the law (GCA '68) is written, not some BATFE "fallacy". The law and the legislative history are clear; Congress intended that it should not be legal in any way to make a machinegun into a non-machinegun. The whole thing grew out the intent to ban future DEWAT programs, when ATTD (predecessor of BATFE) allowed machineguns to be welded up and removed from all firearms controls as "non guns." (Like table lamps, as an ATTD agent told me.) Some folks, with a lot of publicity, "re-watted" those guns, and the whole thing became a big scandal with the anti-gun gang up to their usual fear mongering and hatred of guns and gun owners. So Congress changed the definition of a machinegun along with import bans, etc.

As to "M2" carbines, BATFE takes the basic position that a gun is what it says it is, and an M2 carbine is a machinegun. FWIW, I know of no ruling that an M2 trigger housing, either by itself or on an M1 carbine, is a machinegun or that possession is illegal. Can anyone cite something official? (No, not the cousin of a friend said that someone told him....)

Jim

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[edlmann]

FWIW, I know of no ruling that an M2 trigger housing, either by itself or on an M1 carbine, is a machinegun or that possession is illegal. Can anyone cite something official? (No, not the cousin of a friend said that someone told him....)

Click here for ATF's position on this.

It says, in part, "The above parts consisting of an M2 selector lever, selector lever spring, disconnector lever assembly, M2 disconnector, disconnector spring, disconnector plunger and M2 hammer are classified as a machinegun. These parts are used specifically for fully automatic fire and have no application in a semiautomatic carbine. While other parts such as an M2 sear, operating slide, trigger housing and stock are used in the fully automatic carbine, these parts are also appropriate for use insemiautomatic M1 carbines. Therefore, the M2 sear, operating slide, trigger housing and stock are not a combination of parts designed and intended for use in converting a weapon into a machinegun."

I disagree about the hammer. Plainfield used to ship their M-1 carbines with M-2 hammers, using a washer to take up the space occupied by the M-2 disconnector. Proceed at your own risk.