importing machineguns

[pieter44]

Do I read the US law correct if I say that importing machineguns is basically impossible? If so, that looks even stricter than our Euro laws here in Belgium and The Netherlands. Mind you, we have just a tiny loophole (a "museum license") to own one, and that's probably just for a handful of collectors. Or do your class 3 dealers just happen to need a lot of "dealer sales samples" from abroad?

[James K]

Importing machineguns for sale to individuals is impossible, since newly made or newly imported (same thing legally) machineguns can't be sold to individuals. The 1986 law actually closed the registry to individuals - no registration, no legal ownership. Only machineguns registered prior to that date can be sold to individuals.

Machineguns can be imported by licensed importers only for sale to law enforcement agencies or the military.

Jim

[mboylan]

Importing machine guns for individual ownership was made illegal in November of 1968. Individual ownership of all machine guns not previously registered was made illegal in May of 1986. Possession of an unregistered machine gun in the US carries a prison sentence of 10 years.

[lilguy]

Ever watch "Sons Of Guns"? Red Jacket firearms is making some wild full auto stuff for shooters.How does that work?

[Idahoser]

FOPA '86 was a slow motion ban on machine guns. As the legal transferable guns break and the owners die off without transferring them, they are removed from the pool, so there are always fewer available for transfer. Before long there won't be any that fit the legal requirements, and they have their ban.

[chack]

If a gun is made from an old preban reciever it can be transferred.

Also, if a gun is made as a "dealer's sample" it can be made by a class II manufacturer then resold to a class III dealer and sold to a law enforcement agency, nuke security firm, or other approved organizations exempt from the 86 ban.

[mboylan]

Sons of Guns is a TV show. They don't show the legal stuff. Will can assure you thar he is only building automatic weapons for other licensed manufacturers, law enforcement agencies and military branches.

[James K]

A licensed manufacturer can make machineguns for "experimental" purposes, or for sale to NFA dealers, the military or law enforcement agencies (not to individual officers). They cannot be sold to individuals.

As noted, the TV show is not going to spoil the fun by explaining how they avoid going to jail, but you better believe they have all the licenses and paperwork (and big shot lawyers hiding in the closet). So definitely, don't try that at home.

Jim

[customaquatics]

umm if im not mistakin you can have full auto weapons or at least we can in illinois. they call it a Special Occupational Tax Stamp or somethin like that i hear they are like $500 a year to get here.

[medalguy]

I'm not sure about Illinois law, I don't and wouldn't live there. But machine guns are as legal to own in MOST localities by a private citizen as any other firearm. They require an application to transfer from one individual to another, fingerprint cards, an approval from your CLEO, and payment of a $200 transfer TAX which is a one-time payment. I note TAX because some people think it's an annual payment, not so, it's paid on thetransfer. If you decide to sell it a week later, the new buyer gets to pay the tax again.

Another method is for a FFL who is licensed as a class 7 licensee (machine gun dealer) to transfer tax-free as long as he holds a valid license. When the license is not renewed, he must transfer all the machine guns out. There is also the small deal of obtaining an ITAR license from the Dept of State and payment of a rather stiff annual license fee and a lot of paperwork.

[Idahoser]

of course all that's true but the question was about IMPORTING which is NOT legal for citizens, only for cops.

[mboylan]

A correction to some of the posts here.

Machine guns that were in the registry and in private citizen's hands before May 19, 1986 are the only machine guns that can be transferred to individuals. There is a very limited supply and they cost thousands. You can't just buy any machine gun you want to and pay a $200 tax.

Forget about a manufacturer's license unless you start a company like Red Jacket. The ATF doesn't just give them away.

The 1986 law is written to fix the supply of machine guns in private hands and eventually to reduce the number to zero through attrition. The law states that possession of a tax stamp is an affirmative defense against prosecution. It does not grant legal status to machine guns.

[sinister1811]

CustomAquatics

You CAN NOT own a machine gun in Illinois, nor a silencer. This is one of the worst states for gun owners. The Tax stamp is what an individual would pay to the ATF to obtain a machine gun in a state where it is legal. IL has decided to ban machineguns and silencers.

Look at the IL law for clarification.

(720 ILCS 5/24‑1)

[customaquatics]

you are prolly thinking of cook county. that is chicago an everything is outlawed up there. an example-
There is no state preemption of firearm laws. Some municipalities, most notably Chicago, require that all firearms be registered with the local police department.[75] Until June 2010 Chicago did not allow the registration of handguns, which had the effect of outlawing their possession, unless they were grandfathered in by being registered before April 16, 1982. (see below)[76][77] The Chicago suburb of Oak Park had also banned handguns (see below)[78] and the town of Highland Park bars handgun possession unless the resident has obtained a permit from the police.[79] The status of these various handgun ordinances has been uncertain since June 26, 2008, when the U.S. Supreme Court struck down Washington, D.C.'s handgun ban in the case of District of Columbia v. Heller.[80][81] In the months following the Heller decision, handgun bans were repealed in the suburbs of Wilmette,[82] Morton Grove,[83] Evanston,[84] and Winnetka,[85] but Chicago and Oak Park have fought in court to keep their current laws.[86][87][88][89] On June 28, 2010 after reviewing Chicago's handgun ban in the case of McDonald v. Chicago,[90] the Supreme Court has deemed that both the handgun bans of Chicago and Oak Park to be unconstitutional.

[customaquatics]

an umm it doesn't say the lawful use of weapons with permits. that is the unlawful use like if you dont have a FOID an get caught with them. hell i can go down the road an buy those stars or brass knuckles. are they illegal? depends on how they are used but people can still do it.

[Toxdoc]

umm if im not mistakin you can have full auto weapons or at least we can in illinois. they call it a Special Occupational Tax Stamp or somethin like that i hear they are like $500 a year to get here.

You probably can. You have to have a Type 7/10 FFL and pay for the type 2 SOT. Additionally, you have to pay ITAR fees, which are far more expensive. Most importantly, you have to be actively engaged in the business of selling/manufacturing firearms. The ATF won't just let you buy your way into post '86 machine guns.

[1Hobie]

You can not own a machine gun nor many of the other NFA goodies that other states will allow you. You can't get a stamp. The only class 3 builders that exist can only sell to military and LEOs. SBR forget it. Silencers non starter. Hell, because of the a**holes in Cook county control the rest of the state. Les Baer moved to IOWA because of the restrictive laws on the books and ones to come. Concealed Carry. A joke ha ha, We're the only state left that won't even try it. Here's that special thing you spoke of:

http://www.ttb.gov/announcements/041605faqsonsot.pdf

Go ahead and build one shoot one and give us your block number and address so we can send you Xmas cards while you're spending the next few years with your new best friend.

Hobie...wishing he lived anywhere else but Illinoize.

BTW, prolly isn't a word. Pet peeve of mine