AG Opinion: Possession and transfer of a machine gun

[MrSmithMSU]

I have only shot a full-auto once, a friends PPSh-41, and I have to say it was a gas, even though it did jam a lot (mag problems which he has since fixed). If I could afford one I would get one! If I could afford one I would probably be able to afford the ammo for it too!

[goldwing2000]

You mean like the M1 Garand, M1 Carbine or M1 Abrams?

Garand and Carbine I can understand. Both are shoulder-fired rifles carried by troops.
And the Abrams came along LONG after both of them were out of service.


Oh... and all of this reminds me: Marty, I have a book for you. I was going to give it to you the day I picked up the Yamaha but I forgot. Since I haven't seen either of you since then, hopefully I rememeber to bring it on the 29th.

[Knimrod]

The plain language of 750.224(3)(c) seems to allow anyone who goes through the Form 4 process to possess any of the items listed in 750.224(1), including a silencer. However, a court might interpret it to mean that a person can possess only whichever of the items comes under the federal license, to-wit: the full auto firearm.

I received my Form 4. It is titled as "Application for Tax Paid Transfer and Registration of Firearm". In its instructions, a firearm is defined as:

Firearm. The term "firearm" means: (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon as defined in 18 U.S.C. § 5845(e); (6) a machinegun; (7) a muffler or silencer for any firearm whether or not such firearm is included within this definition; and (8 ) a destructive device.

[Sigster]

Don't you have to get the local chief law enforcement officer to sign off on the transfer? And if memory serves, they don't have to sign?

[Knimrod]

Don't you have to get the local chief law enforcement officer to sign off on the transfer? And if memory serves, they don't have to sign?

Well, sort of.. The applicant is required to obtain the signature from a "Chief Law Enforcement Officer" (CLEO) having jurisdiction in the area of the applicant's residence. The CLEO can be a Sheriff, Police Chief, Prosecuting Attorney, even a Judge. This signature is solely to certify that the CLEO has "no information indicating that the transferee will use the firearm or device described on this application for other than lawful purposes. I have no information that the receipt or possession of the firearm or device described in item 4 would place the transferee in violation of State or local law."

It's not supposed to be a signature of approval.

[Quaamik]

I would think that that opinion could be applied to silencers as easily as machinguns. I believe that both use the same federal forms for the tax stamp and "licensesure".

Oops.... Pays to read ALL the postings before responding ...........

Now that I have:

If the MSP are of the opinion that since a "silencer" was not specificly mentioned in the opinion then they aren't covered, am I right to assume they will apply the same logic to short barreled rifles, short barreled pistols, and large bore rifles and pistols?

A well, I guess this just gives us something to aim for.

By the way, if SBRs are allowed, check this out: http://www.tommygun.com/ao_t1sb_f.html
M1927 thompson semi auto, factory new, 10.5" barrel: $1,600 msrp

droooollllllllllll.............................

[Dave]

Short barrel shotguns and rifles are covered under a different section of the law. This new opinion will not change anything regarding their status.

Silencers or mufflers, are covered in the same section of law as machine guns. It stands to reason that if a form 4 will meet the license requirement for a machine gun, then it will also apply for a silencer. Common sence is all that is required to understand this.

Because there are certain agencies that seem to lack common sense, the silencer issue will soon be decided in the same manner as the machine gun issue was. A formal request for a legal opinion regarding silencers has been forwarded to Mike Cox's office. This request was placed by State Rep. Leon Drolet's office. I would expect that there will be a new opinion regarding silencers in fairly short order. I would also expect that silencers will also be deemed legal in Michigan provided that they are transferred on a form 4.

ATF and MSP may have to be dragged, kicking and screaming, into the light but I expect that in the very near future Michigan residents will be able to enjoy a little bit more freedom.

[GLOCKME]

Thanks for the update..

Brenden

[Dave]

ATF finally made it official...........machine guns will transfer to Michigan residents. Here is their official statement.......

http://www.atf.treas.gov/firearms/03...tion_paper.pdf

I betcha silencers aren't to far behind.

[Tallbear]

Thanks for the update Dave.