MP40 Original

jarmscharms · May 26, 2014, 03:47 PM

Someone I know told me his grandfather shipped an MP40 Schmeisser from Germany during WWII. It has been hidden since. Is there a way to take legal possession and sale this firearm?

James K · May 26, 2014, 04:18 PM

Unless the gun was registered with the Federal government, either after it was acquired or during the 1968 amnesty, the answer is NO. The gun is contraband and illegal to possess.

It cannot be deactivated, or welded up, or plugged with chewing gum, or any of the other suggestions you may receive. It can't even be legally destroyed or thrown away or dropped in a lake because that would be destroying evidence of a felony.

The only way for someone who finds a machinegun that way to "get right" is to call the BATFE or the police and "abandon" (surrender) the firearm to them. I recommend BATFE; they handle that kind of thing all the time, and they will also check to see if the gun is registered, which the local police probably won't bother to do.

How about tearing it down and surrendering only the receiver? OK, but talk to BATFE first. The law requires than any person finding contraband (say a kilo of heroin) notify the authorities immediately, not after shooting up half of it or disassembling the illegal gun and putting ads in Shotgun News for the parts.

Some will advise giving it to a museum, but that indicates the owner knows what it is and that it is illegal to own, so he would be violating the law while he talks to the museum. It also presupposes that the museum will accept the donation; only a government museum can legally do so and not all will. Those that won't may call the police or BATFE anyway and the result will be more trouble for the owner.

Jim

jarmscharms · May 26, 2014, 04:48 PM

That is what I thought but was not sure. Thank you for the post.

May 26, 2014, 03:47 PM	#1
jarmscharms Junior Member Join Date: May 16, 2014 Posts: 2	MP40 Original Someone I know told me his grandfather shipped an MP40 Schmeisser from Germany during WWII. It has been hidden since. Is there a way to take legal possession and sale this firearm?

May 26, 2014, 04:48 PM	#3
jarmscharms Junior Member Join Date: May 16, 2014 Posts: 2	RE: MP40 That is what I thought but was not sure. Thank you for the post.

May 26, 2014, 04:18 PM	#2
James K Member In Memoriam Join Date: March 17, 1999 Posts: 24,383	Unless the gun was registered with the Federal government, either after it was acquired or during the 1968 amnesty, the answer is NO. The gun is contraband and illegal to possess. It cannot be deactivated, or welded up, or plugged with chewing gum, or any of the other suggestions you may receive. It can't even be legally destroyed or thrown away or dropped in a lake because that would be destroying evidence of a felony. The only way for someone who finds a machinegun that way to "get right" is to call the BATFE or the police and "abandon" (surrender) the firearm to them. I recommend BATFE; they handle that kind of thing all the time, and they will also check to see if the gun is registered, which the local police probably won't bother to do. How about tearing it down and surrendering only the receiver? OK, but talk to BATFE first. The law requires than any person finding contraband (say a kilo of heroin) notify the authorities immediately, not after shooting up half of it or disassembling the illegal gun and putting ads in Shotgun News for the parts. Some will advise giving it to a museum, but that indicates the owner knows what it is and that it is illegal to own, so he would be violating the law while he talks to the museum. It also presupposes that the museum will accept the donation; only a government museum can legally do so and not all will. Those that won't may call the police or BATFE anyway and the result will be more trouble for the owner. Jim