Machine gun loophole?

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  • TheBigRServices

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    Jul 29, 2016
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    I was looking for something specific and unrelated on the ATF site and saw this and thought it was interesting. Can you think of a specific scenario where this would play out? In this short response to the question, it does not specify that the requesting agency has to take possession of the machine gun, although I assume that is the intent. ...and you thought Trump didn't do anything pro 2A (see revised July 15, 2020) jk, just poking the bear.
    [h=1]May an unlicensed person make a machine gun?[/h]Generally, no. However, applications to make and register machine guns on or after May 19, 1986 for the benefit of a federal, state, or local government entity will be approved if documentation can be provided, along with the application to make a machinegun, which establishes that the machine gun is particularly suitable for use by federal, state or local governmental entities and is being made at the request and on behalf of such an entity.
    [18 U.S.C. 922(o)(2); 27 CFR 479.105(e)]




    Last Reviewed July 15, 2020
     

    Magdump

    Don’t troll me bro!
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    ....
     

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    981GT4

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    It’s called An FFL SOT license , OP as long as you can prove your business is selling or demoing full autos to Le, Government. ATF will grant you the proper FFL with a fee, and you can make whatever you want..
     

    TheBigRServices

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    Loranger, La
    It’s called An FFL SOT license , OP as long as you can prove your business is selling or demoing full autos to Le, Government. ATF will grant you the proper FFL with a fee, and you can make whatever you want..

    The point of the question was an "unlicensed person".
     

    buttanic

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    http://rkmerting.com/pre-and-post-dealer-samples/

    However, the ATF recognized that the firearms were legally owned by civilians prior to the FOPA and therefore could remain in civilian hands. By their interpretation, any FFL with a class III license may purchase a pre-dealer sample. Additionally, by a quirk in the law designed to handle FFL inventory on the closing of a business, the owner of the FFL may take personal possession of the machine gun upon the closing of the business. However, the law still prevents the new owner from selling the firearm to anyone other than another FFL with a class III license. (Note that ability to take personal possession of a dealer sample only applies to pre-1986 samples and not post-1986.)

    In summary, if you want to buy a machine gun on a Form 4, you will have to avoid pre and post dealer samples. These firearms are only available to a FFL with a class III license.
     
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