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Old July 24, 2012, 11:26 PM   #5
Willie Sutton
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Join Date: January 26, 2012
Posts: 1,066
"WI allows ownership of NFA items and so do the feds with a stamp"

Thanks for the advice, but I have been given legal advice by my attorney that this is not legal in Wisconsin. Bear in mind that this is not my first machine gun purchase either... just the first in Wisconsin.


What I am informed of by my attorney, who specializes in this, is that Wisconsin does not allow the ownership of MACHINE GUNS specifically (not other NFA weapons) without a permission letter signed by a CLEO. That includes automatic weapons purchased legally elsewhere, so "importing" one from out of state is not legal unless you have the permission letter.

The recent change in intrepretation is that this goes for Trusts as well as individuals. This is a "recent" (within the last year) interpretation of a law that has been on the books for years, and the BATFE is aware of it. The intrepretation came from the Wisconsin AG's office. The change is that when the law states 'Person" or "Individual", the state now considers a Trust to be a "Person".


This is entirely distinct and different from the BATFE CLEO signoff on the application for the stamp.

Interestingly, it "may" not apply to machine guns firing a rifle cartridge.. this is "under investigation" by my attorney. He is doing his research and he will be the one contacting my local Chief of Police for the letter on my behalf. Just wanted to know if anyone else has tried lately to get a letter.



Here are the statutes:


941.26  Machine guns and other weapons; use in certain cases; penalty.
941.26(1)(a)(a) No person may sell, possess, use or transport any machine gun or other full automatic firearm.


My note: This includes any posession of a legally purchased machine gun brought in from another state either permanently OR ON A TEMPORARY BASIS. So... don't bring your Uzi in to shoot for a day from elsewhere.


Here are the relevent exceptions:



This section does not apply to the sale, possession, modification, use or transportation of weapons under sub. (1) (a) or (1m) to or by any person duly authorized by the chief of police of any city or the sheriff of any county.

Sections 941.25 and 941.26 shall not prohibit or interfere with the manufacture for, and sale of, machine guns to the military forces or the peace officers of the United States or of any political subdivision thereof, or the transportation required for that purpose; the possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament or keepsake; or the possession of a machine gun other than one adapted to use pistol cartridges for a purpose manifestly not aggressive or offensive.



So.. what it looks like is that PISTOL CALIBER machine guns are not permitted unless you are "duly authorized" by a CLEO, no matter where it was purchased.


Funny... I can buy a Maxim on a tripod but not a Sten. Go figure.



Anyone here purchase a machine gun in Wisconsin in the last 12 months? I'm really looking for a friendly police chief or sheriff, as the letter does not need to be signed by MY police chief, just "any". The good news is that one letter does it all, and is good for life.


Willie

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Last edited by Willie Sutton; July 24, 2012 at 11:43 PM.
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