Question on full auto weapon registry

**PAallterrain** · October 14th, 2008, 07:29 PM

Ok for curiosity sake, lets say i am cleaning out a attic and i find a old fully automatic rifle. No idea where it came from, who originally owned it, no information on it period.

What are the chances i could get such a weapon registered for me to legally own? How would one go about doing such a thing? I understand this is a touchy situation, but i am curious on if it is feasible to do?

**knight0334** · October 14th, 2008, 08:09 PM

Somewhere between zero chance and none. If anything you could be nailed for unlawful possession of a NFA firearm the moment you touch it.

The days of finding and keeping machine legally died in 1968 when the grace period ended.

**MartinBrody** · October 14th, 2008, 11:46 PM

From the ATF Faq page...

http://www.atf.gov/firearms/faq/faq2.htm#m1

(M7) May a private citizen who owns an NFA firearm which is not registered have the firearm registered? [Back]

No. The NFA permits only manufacturers, makers, and importers to register firearms. Mere possessors may not register firearms. An unregistered NFA firearm is a contraband firearm, and it is unlawful to possess the weapon. The possessor should contact the nearest ATF office to arrange for its disposition.

[26 U.S.C. 5861(d)]

(M8) What can happen to someone who has an NFA firearm which is not registered to him? [Back]

Violators may be fined not more than $250,000, and imprisoned not more than 10 years, or both. In addition, any vessel, vehicle or aircraft used to transport, conceal or possess an unregistered NFA firearm is subject to seizure and forfeiture, as is the weapon itself.

[49 U.S.C. 781-788, 26 U.S.C. 5861 and 5872]

(M9) What should a person do if he or she comes into possession of an unregistered NFA firearm? [Back]

Contact the nearest ATF office immediately.

**GunLawyer001** · October 15th, 2008, 01:08 AM

The path to legality is very slim, and you can fall into the Felony pit very easily.

IF the gun is in the Registry (but not under your name), then it's contraband in your hands. IF you can get it back to the original owner, or open up an estate in the deceased owner's name, then MAYBE there's a way to salvage the thing. Once it's back in the hands of the registered owner or executor, it's unlikely that ATF would prosecute for the previous gap in lawful possession, especially in the absence of any intent.

An interesting side note is that pretty much anyone can re-open an estate if none of the relatives objects. If the guy who used to own your house left a registered MG in the attic when he died 10 years ago, you might be able to have your lawyer re-open his estate, have you named the personal representative, list the MG as the sole remaining asset, and go from there.

But ATF won't tell you to whom it's registered, or even if it's registered, so you'd need to determine that on your own, before ATF shows up at your door.

It's really risky, and if you miss a step it won't work at all. But some MG's are worth the risk, if they are collectibles worth $50K or so.