Ex military

[hellcat103]

Is there any legal way to keep old military machine guns fully operational? I have a friend who recently purchased and is restoring a WWII P-51 Mustang. It has 6 working .50cals, 3 in each wing. He's been told that he legally is required to deactivate the guns. Is this true or is there any way around this? Does the pre-ban not apply to military weapons made before the ban?

[Egyas]

I may be "off my rocker" here, but I thought there was a law passed (Sullivan Act?????) in like '36 or so that made it illegal for private citizend to own an operational fully automatic weapon without a special permit or something.

[Thorazine]

I'm only familar with purchasing full auto's, supressors, sbr's etc that require a form four.

There might be another form inolved but you can research it for yourself.

http://www.atf.treas.gov/firearms/index.htm

[SomeGuyInAHat]

He may be able to have them on a Curios & Relics license, since they're more than 50 years old.

http://www.cnsnews.com/facts/2002/facts20020828.asp

http://www.atf.treas.gov/firearms/relics/

[Team-G]

The original Machine-Gun ban was 1936, aimed primarily at the "tommy" gun that the mafia was using.
That is such a cool plane, it would be a shamed if it had to be de-militarized. Maybe he can leave just the barrels sticking out.

[r2kba]

First, dont ask the police.


I would contact a lawyer familiar with small arms. How did someone purchase a plane, with operational machineguns in the USA??

[Hauptmann6]

The Browning M2 HMG falls under the Curio and Relic provision. IF it was registered before 86 it is leagle to own one if you have paid the transfer tax and hold a C&R licence from the ATF($30 for 3 years).

If they weren't registered before 86 they become post-ban and therefore not leagle to own outside a class II manufacture or a class 3 dealer.

BTW there are many C&R weapons that are less than 30 years old. One of the more notables is the AR18.

If anyone is more familier with the laws please speak up as I haven't dealt with it myself yet(soon I hope!).

[smeet5150]

I hope you can post a pic of your friend firing all of them off with tracers.

[DonL]

Unfortunately, they are illegal if not registered before May 19 1986. If he didn't pay a $200 transfer tax for each one, they were not registered. Its a felony to be in possession of an unregistered machinegun(unconstitutional-Miller v. U.S. 1939). He shouldn't call the jack-boots from his house. I would call from a pay phone and tell them real quickly where to pick them up at. (some isolated area) He can also call Dan Shea, technical editor of Small Arms Review, at 207-683-2959 or e-mail SAReview@aol.com for assistance in the proper disposal of weapons.

[newglockr]

Donl is right. If they were NOT registered prior to 5/19/86, they are contraband and illegal to own. $10,000 fine and 10 years in jail. Title 18 USC, chapter 44, section 922, paragraph "o" provides the actual regulation that you will be breaking. Best thing to do is indeed call the NFA Branch of the BATF from a pay phone (202-927-8330) with the serial numbers and ask if they are on the NFA registry. If so, they maybe transferred to you. If not, find a museum to donate them to.

[Cardinal]

I an another forum, someone stated that the FAA has strict rules against "arming" planes. Only guns which have been modified to fire blanks are allowed. I don't know if its correct, but it sounds plausible.....

[Timberwulf]

Please please please try to get them to a military or authorized civilian museum and don't let the BATF idiots destroy them. It would be a darn shame to let original weapons (and pieces of our history) be destroyed like that.

[Mnukedude]

If those guns get deactivated because they're in that plane, it will be sacrilege!!! I do hope they are registered so you can keep everything all original.

[ian1872]

ok, first off, i would assume that since the guns are active that they have probably been registered. couldn't imagine having six 50 cals on a plane that long and them not.

second, it's an FAA violation to have working guns on a plane. no matter what. it has to do with air piracy laws.


ian

[DScottHewitt]

Originally posted by Team-G
The original Machine-Gun ban was 1936, aimed primarily at the "tommy" gun that the mafia was using.
That is such a cool plane, it would be a shamed if it had to be de-militarized. Maybe he can leave just the barrels sticking out.

National Firearms Act of 1934.....


Scott




;b

[4TS&W]

Originally posted by hellcat103
Is there any legal way to keep old military machine guns fully operational? I have a friend who recently purchased and is restoring a WWII P-51 Mustang. It has 6 working .50cals, 3 in each wing. He's been told that he legally is required to deactivate the guns. Is this true or is there any way around this? Does the pre-ban not apply to military weapons made before the ban?

Get in touch with the Michigan Militia, they are seeking air support.... ;) ;f