laws on purchasing a WWII machine gun?
I found a 1938 breda M-37 at a local antique shop-the internals(the complete firing mechanism-receiver/gas piston)is missing (the top plate that opens so you can put it back together is also fixed shut so you cant open it to get inside the gun)the barrel is also welded to the gun so you cant change it out-but the gun and tripod are there-my question is…….is it legal because its a non firing display?…..or is it illegal period and can i get it legal through a.t.f. or what exactly do i have to do? I really want it but i dont want a felony charge for having an antique fully auto machine gun in my house(even though its been fixed to not fire) so any help and links to laws or legal forms are GREATLY appreciated-thanks
First off I assume you live in the U.S. since you reference the ATF. If the weapon is properly deactivated it would be perfectly legal to own without extra licenses. Usually that would consist of it having a dummy reciever as deactivation usually consists of torch cutting the original receiver in at least two spots (if memory serves) rendering it inoperable under any circumstances. If replacement parts can be used in it to make it fire full auto it will not be legal.
If it were me I would want to see a dummy receiver, or at least some type of paperwork validating its legality, and what procedures were done to make it legal. Over the years different procedures have been used to deactivate weapons, so the Breda might have been deactivated long ago under different guidelines. A letter may or may not be acceptable in this regard.
Even a stripped out receiver with no parts is a machinegun by ATF definition. Once a machine gun always a machine gun.
The serial numbered receiver is usually the controlled part. But not 100% of the time, as in the case of FNC and some older HK rifles originally made in semi that can use a registered auto sear.
There can be much confusion concerning gun laws and sometimes you get conflicting info from even the ATF. Tread lightly, do your homework.
BTW, It is probably legal just walk on the side of caution.
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