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Old August 21, 2010, 01:28 AM   #2
medalguy
Senior Member
 
Join Date: August 31, 2009
Location: New Mexico
Posts: 1,033
I'm not sure about your phrase "if it's sold illegally" because if it is registered in the National Firearms Registry it cannot be sold at all unless and until the paperwork is approved by ATF. If it were "sold" and transferred without making application for a transfer both parties are in a world of doo-doo.

If the firearm were never registered, as in a WW II bring-back found in crazy uncle Al's attic, it cannot be registered now or ever. It must be abandoned to BATF and they will in all likelihood destroy the gun. There are some provisions for donation to some museums or local PD but that's really not what you were asking.

Machine guns were somewhat a gray area prior to the 1968 amnesty really, but adter 1 December 1968 that all changed. And after 1986 and the ban on all new machine guns, it was written in stone. No new guns, no new registrations, no was to make any existing gun legal for individual possession. Period.

Not all guns were ever "legal". For example, some WW II guns were deactivated by welding a plug in the barrel, which was kosher at that time, but after the amnesty they were considered illegal. The amnesty required registration of ALL machine guns, whether in shooting condition or not, so no way anything could be considered "saleable" after that time.
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