Machine Gun Transfer /BATF

**captbo** · March 11th, 2007, 09:52 AM

Can a Police Department, who has a machine gun registered to the dept., transfer that gun to an individual officer on the dept ????? Thanks in advance for any info.

Capt

**RoyJackson** · March 11th, 2007, 10:39 AM

Probably not...
If the gun or receiver was manufactured before 1986, there might be a chance. If manufactured after 1986, it cannot be transferred.
Cops can buy automatic weapons, but I'm pretty sure it has to be the property of the department, not the individual.

**GunLawyer001** · March 11th, 2007, 10:53 AM

It depends on whether it's a transferable gun. Prior "Form 4" transfers should allow a transfer to an individual, but there have been incidents where a Post Sample or Pre Sample gun (a dealer-only gun) was mistakenly transferred to a dealer on a Form 4, subsequently sold to an individual (non-FFL/SOT) on a Form 4, then ATF retroactively denied a transfer to another individual.

I haven't heard of a Form 10 PD gun erroneously getting transferred on a Form 4, but it always pays to have the current owner do a FOIA request on the transfer history before the buyer shells out thousands of dollars.

**1927A1** · March 11th, 2007, 10:56 AM

captbo,

So long as it was registered. Our Dept. has a 1921 Colt Thompson, it is now registered so that the Dept. can use it, but it cannot be transfered.

**forceinPA** · March 11th, 2007, 03:35 PM

Pre-86 and you can transfer it, after that the only way to keep it in your possesion is a letter from the Chief stateing you can take it home for duty use and training only. Why did your Dept form 10 the thompson. You could have sold it for updated Machineguns?

**captbo** · March 11th, 2007, 05:47 PM

Thank Guys for all your info.

Capt

**1927A1** · March 11th, 2007, 09:54 PM

The Dept. never paid any attention to the gun. When "86" came and went it had no registration on it. For quite a few years it couldn't even be taken out for firing legally. They kept it around more for a conversation piece than anything else. Allegedly the dept. had 2, 21's but one disappeared quite a few years before registration was required. The remaining is complete except for having a Savage bolt, that at some point in time an armorer swapped out. Its really a shame because the gun is in great condition. Every now and then they take it out for a walk.