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re: My Uncle Has A Full Auto AK-47 From the 80’s, But No Class 3 License

Posted on 11/11/20 at 10:22 am to
Posted by wickowick
Head of Island
Member since Dec 2006
45924 posts
Posted on 11/11/20 at 10:22 am to
quote:

or who he even is


Posted by LSU_Smash_the_West
Nawwwlins
Member since Jan 2016
1568 posts
Posted on 11/11/20 at 11:03 am to
I’ll take that illegal gun.
Posted by 03GeeTee
Oklahomastan
Member since Oct 2010
3376 posts
Posted on 11/11/20 at 11:03 am to
I’m just giving him options for how to legally possess the gun in some form. Idk why everyone has a problem with that. Sorry I don’t want to advise someone to do something that would land them in prison for 10 years.
Posted by wickowick
Head of Island
Member since Dec 2006
45924 posts
Posted on 11/11/20 at 11:24 am to
quote:

I’m just giving him options for how to legally possess the gun in some form. Idk why everyone has a problem with that. Sorry I don’t want to advise someone to do something that would land them in prison for 10 years.


Yea, if he is informed and makes a decision, great. He can determine his risk tollerances. I just don't him to be uninformed and get pinched by the cops with no knowledge he was in the wrong
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
21077 posts
Posted on 11/11/20 at 2:56 pm to
You should talk to a lawyer (not me) about this. Even posting this on a public website without a masked IP address is a risk for your uncle. The ATF has a hard on for going after peaceful citizens for NFA violations and the penalty is 10 years in prison per guilty count.

If it was not registered pre-1986, it is contraband and you cannot own it. I wouldn't get myself or my kids anywhere near it if you come to discover that it is not registered; it's akin to being around a $50,000 pile of heroin.

Source: I have a decent amount of experience with the NFA, trusts, and full auto weapons. There are sometimes ways to donate it to a museum, etc.

This is not legal advice.
This post was edited on 11/11/20 at 2:59 pm
Posted by bbvdd
Memphis, TN
Member since Jun 2009
25671 posts
Posted on 11/11/20 at 3:19 pm to
Another option that no one has mentioned is putting a new trigger group in the gun if it is not transferable. Just make sure you dispose of the automatic group.

Changing the trigger is easy.
Posted by 03GeeTee
Oklahomastan
Member since Oct 2010
3376 posts
Posted on 11/11/20 at 3:56 pm to
If it’s a real full auto then there would be a third hole drilled through the receiver to accommodate the auto sear. The ATF considers any gun that has a third pin hole to be a machinegun regardless of whether or not the trigger is actually capable of firing in full auto. And you can’t just weld up the third pin hole and be legal either because the ATF determines that once a receiver is a machinegun it is always a machinegun regardless of whether you remove the full auto capability or not.

So basically yea you could change the trigger group out to a semi auto one and it would fire like a semi auto gun. But it would still be just as illegal as it was with the full auto trigger group installed. That’s why I said in a earlier post that the only legal way to convert to semi auto is to de-mill the current gun and rebuild it on a new semi auto receiver.

It’s a really stupid rule the ATF made and it’s why they can’t import some AK based rifles that were never designed to be full auto even in their military form. Some guns like the military surplus PSL rifles can’t come in because they use a third pin to hold an out of battery safety and the ATF won’t allow it even though the guns were never capable of full auto fire.
This post was edited on 11/11/20 at 3:58 pm
Posted by bbvdd
Memphis, TN
Member since Jun 2009
25671 posts
Posted on 11/11/20 at 4:13 pm to
If and it’s a huge if, the. It would almost certainly be a transferable weapon and worth an massive amount of money.
Posted by 03GeeTee
Oklahomastan
Member since Oct 2010
3376 posts
Posted on 11/11/20 at 4:38 pm to
Yea if it’s a transferable AK then it’s probably worth around $30k. There weren’t a whole lot of AKs available in the US prior to 1986 and even fewer that people had legally converted to full auto and registered. A lot of AKs in the machinegun registry were vet bring back guns from Vietnam.
Posted by auwaterfowler
Alabama
Member since Jan 2020
2178 posts
Posted on 11/11/20 at 5:21 pm to
Just want to say thanks for all the helpful responses. The rest of you....well, y’all are an entertaining lot.

Once I know for sure what it is that he has, I will contact an attorney that specializes in firearm law. My dad just told me that he thinks it is a Vietnam bring-back that someone sold to my uncle in the 80’s. So, I really don’t know what the F it is right now. We shall see.....
Posted by deltaland
Member since Mar 2011
92718 posts
Posted on 11/11/20 at 5:34 pm to
Your post has been flagged by the ATF
Posted by highcotton2
Alabama
Member since Feb 2010
9662 posts
Posted on 11/11/20 at 8:32 pm to

quote:

Provided it is a transferable full auto AK yes it is.
No different than a silencer or SBR to the government.

That one little thing about it being transferable is the key.
The reason more transferable full autos aren’t owned by people is not the process but the price of the weapons. That gun, if transferable, is worth $30,000 -50,000.

All true. I’m still going with no.
Posted by diat150
Louisiana
Member since Jun 2005
44597 posts
Posted on 11/11/20 at 9:52 pm to
MKes me wish I would have bought a full auto uzi a few years ago. Seems like the price has tripled since then.
Posted by Fachie
Magnolia
Member since Mar 2017
472 posts
Posted on 11/12/20 at 9:26 am to
quote:

If it was never registered with the NFA and there’s no tax stamp paperwork then there is no way for you to legally own it.



Posted by skinnytrees
REC Check Writing Office
Member since Sep 2015
1805 posts
Posted on 11/12/20 at 9:37 am to
quote:

i think the minimum is 5 years and $5000



This is only for the use of firearms during a crime of violence or drug trafficking that the feds take on.

The average sentencing guidelines if the ATF were to convict you in federal court all the way through for a first offense of having an unregistered automatic rifle is more in the 12-20 month range 85% needing served

There are many instances where you could even find yourself pleading down to federal misdemeanors

https://www.justice.gov/sites/default/files/usao-me/legacy/2012/06/01/Summary%20of%20Federal%20Firearms%20Laws%20-%202010.pdf
This post was edited on 11/12/20 at 9:39 am
Posted by DomincDecoco
of no fixed abode
Member since Oct 2018
11041 posts
Posted on 11/12/20 at 9:39 am to
just curious how many people dishing out advice have ANY tax stamps....

seems like a blend of helpful people and a lot of paranoid mofos

call the attorney that was suggested multiple times, hell help you out.

Give us an update when you do...my money is on a redneck mod auto, not a Vietnam bring back
Posted by bbvdd
Memphis, TN
Member since Jun 2009
25671 posts
Posted on 11/12/20 at 9:55 am to
quote:

just curious how many people dishing out advice have ANY tax stamps....


I have 6 or 7

ETA: I’ve said it before, this all hinges on whether it is a transferable firearm.
This post was edited on 11/12/20 at 9:58 am
Posted by xenon16
Metry Brah
Member since Sep 2008
3560 posts
Posted on 11/12/20 at 10:39 am to
If it IS transferable, you might want to 1) try to have him gift it to you before he dies, in writing, or 2) make sure it is specifically bequeathed to you in the latest version of the will (or codicil)

Not to sound greedy, but you don't want there to be a family battle over it once other aunts and uncles determine the value, if uncle really wants it going to you
Posted by highcotton2
Alabama
Member since Feb 2010
9662 posts
Posted on 11/12/20 at 9:00 pm to
quote:

just curious how many people dishing out advice have ANY tax stamps....


I have 11 tax stamps and also have a pre ‘86 full auto Ak47 (which was brought back from the first Gulf War fully disassembled hidden inside of a Humvee) and my answer is still no.
This post was edited on 11/12/20 at 9:06 pm
Posted by 03GeeTee
Oklahomastan
Member since Oct 2010
3376 posts
Posted on 11/12/20 at 9:36 pm to
Might not want to be advertising your possession of that Gulf War bring back.
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