View Full Version : mp-5,is it considered a hand gun?

September 19, 2004, 11:33 PM
I was just curios,if it would be illegal to carry one in the car with me.

September 20, 2004, 12:12 AM
A submachine gun?

Even if it is legal in your jurisdiction, try to explain that to the cop who just pulled you over, as well as the twenty other officers he called in as back-up.

September 20, 2004, 10:44 AM
It's not considered a handgun.

September 20, 2004, 11:15 AM
Actually, its considered a submachine gun if it has the full auto selector switch.
Is it legal?
That depends.
Do you have a license for a Class III weapon?
Its definitely not a handgun though.
Usually HK handguns don't have the magazine well in front of the trigger gaurd.

September 20, 2004, 11:42 AM
The SP-89 is classified as a handgun.

Every other MP5 version is either a rifle or machinegun by NFA standards.

Maybe you should be more specific. As in, what is the configuration, with regards to barrel length, buttstock, auto capability, etc or th firearm under consideration?

Brian Williams
September 20, 2004, 12:08 PM
Do you have a license for a Class III weapon

Where can you get a license for a Class III weapon????

IIRC it is a Stamp Tax inposed on interstate commerce reguarding the sale, transfer, or movement of these devices.

September 20, 2004, 12:57 PM
Some states require a license for class III, IIRC.

Johnny Guest
September 21, 2004, 12:21 PM
First - - You don't mention the locality where you contemplate carrying the "mp-5" in your car. We're all assuming you refer to the H&K MP5 submachine gun, right? A selective fire gun? I ask for clarification on this, importfan, because there are some knock offs made by other outfits.

So, okay - - You mean a "standard" MP5, with a shoulder stock. Some places, a legally registered machine gun is treated just as any other long gun. I would THINK that, technically, Texas would be one of these places. We have no restrictions about carryng long guns in vehicles, so long as they are not displayed in a manner constituting a "breech of the peace." Usually, this simply means out of sight from casual view. Your old .30-30 deer rifle can even be loaded, in most places, most of the time.

Surely, it's legal to take your MP5 to and from the range in the car. But I don't think I'd want to press my luck and carry one every day. As Gazpacho said - -Even if it is legal in your jurisdiction, try to explain that to the cop who just pulled you over, as well as the twenty other officers he called in as back-up. I just don't think it an SMG would be a good option as a "car gun." ;)


September 21, 2004, 02:55 PM
Not to mention the possible theft of a tranferrable sub-gun, currently going for $12,000-$15,000, out of your car would really suck.

Jim Watson
September 21, 2004, 04:06 PM
Ayoob did a piece on the H&K employee who shot an assailant with a full auto... a Ruger AC556 he had for evaluation of the competition. He went through a long legal hassle before it was admitted by the authorities that it was legitimate self defense, no matter what the gun. He does not carry full auto any more.

Johnny Guest
September 22, 2004, 09:06 AM
Another excellent point,Hkmp5sd.

I used to simply case my Thompson and stick it with the other guns when traveling to and from the range. Often as not, this was just on the back seat, under a tarp or blanket, out of view, but not particularly secure.

Then I got to thinking about it - - Suppose some roadside emergency (car fire with kids inside??) caused me to leave my vehicle without properly locking it? What if MY vehicle was involved in an accident, and I was hospitalized? In my area, I'm pretty confident I'd recover the gun if impounded by the police, but if it was STOLEN . . . !

I now lock my TSMG in a metal truck box or in the trunk of a passenger vehicle. "Stuff" happens, of course, no matter how careful the planning, but I like to minimize the chances of a mishap.

All best,

September 22, 2004, 03:31 PM

MP = Machine Pistol

However, I do believe the "machine" word (as in machine gun) will outweight the "pistol" word.

September 22, 2004, 05:46 PM
MP = Machine Pistol

aka Machinen Pistole which is the German term for submachinegun. The federally defined term "machine gun" is the primary indentifier. If it is a machine gun, it cannot be either a pistol or a rifle.

Florida's concealed weapon law specifically prohibits the carrying of a machine gun as a concealed weapon. It does not distinguish between those with or without a stock. I interpret that to mean it cannot be transported in a vehicle in a location that would meet the criteria of being concealed. In Florida, that criteria is "readily accessible."

September 23, 2004, 12:40 AM
Here in lovely Nevada it would be perfectly legal, as there is no state law that even pertains to carry guns in vehicles. So you can carry anything you want to, loaded, as long as you don't stray into certain localities like North L.V. where it's illegal but legal CCW is ok.

But I think an SKS would be a much better truck gun - and easier to replace if stolen! :)

October 10, 2004, 05:52 AM
I believe an SP89 is classified as a "pistol" because it is semi-auto and is not fired from the shoulder.

October 10, 2004, 06:23 AM
Maybe the shorter mark of MP-5 could be included in the handgun class :confused: ??


October 10, 2004, 08:07 AM
Under US laws, a handgun is designed to be used by a single hand, a rifle is designed to be fired from the shoulder and a machinegun is any firearm that fires more than one round from a single pull of the trigger. Which means that...

MP5 (original configuration) - Machinegun
MP5K - Machinegun
HK-94 (the semi-automatic version of the MP5) - Rifle
HK-94 w/ MP5 length barrel - "Short Barreled Rifle" classified NFA weapon
SP-89 (semi-automatic version of MP5K w/o vertical foregrip) - Handgun
SP-89 w/ vertical foregrip - An "Any Other Weapon" classified NFA weapon

October 27, 2004, 04:47 AM
If you do decide to carry a SP-89 as a hand gun in the car for god sake dont shoot at anyone with it or anything else, close you eyes and imagine a courtroom full of liberals holding up an big black HK SP-89 and calling whatever they want.

December 5, 2004, 07:18 PM
for a "car gun" for back up to your CCW i recommend a shotgun, i like an over and under or a shortened pump with a pistol grip =)

December 11, 2004, 07:29 PM
what the previous poster said about the prosecution waving an HK sp-89 around is a very good example. If I were you, I would get a shooty, paint butterflies and flowers all over it, install a pillow over the butstock, and name it the "blissninny" crime prevention device. :p In all honesty, he is right, and using a standard glock with a 32 round mag extending from the base (if you actually needed that many bullets) would probably be more defensable in court, not to mention lighter on the wallet, and clearly be in the handgun category if you were to be stopped by law enforcement.

December 12, 2004, 02:44 PM
Long ago it occurred to me that this was one of those areas where they can make up charges if they want to hassle you. So I only transport my smg in the trunk with a photocopy of my form 4.

Taillight violation anyone?