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1 IREARMS” UNDER THE NFA? CHAPTER 2. WHAT ARE “F Section 2.1 Types of NFA firearms The NFA defines the specific types of firearms subj ect to the provisions of th e Act. These definitions describe the function, design, config uration and/or dimensions that weapons must have to be NFA firearms. In addition to describing the weapon, some definitions (machinegun, rifle, shotgun, any other weapon) state that the firearm desc ribed also includes a weapon that ca n be readily restored to fire. A firearm that can be readily restored to fire is a firearm that in its presen t condition is incapable of expelling a projectile by the action of an explosiv machinegun, will not in its e (or, in the case of a to a functional condition by the lly) but which can be restored present condition shoot automatica replacement of missing or de fective component parts. Please be awar e that case law is not specific but restorable” test is satisfied where a firearm can be made capable of courts have held that the “readily renewed automatic operation, even if it requires some degree of skill and the use of tools and parts. 2.1.1 Shotgun A shotgun is a firearm designed to be fire d from the shoulder and designed to use the e either a number of energy of the explosive in a fixed shotgun shell to fire through a smooth bor 10 projectiles or a single projectile for each pull of the trigger. A shotgun subject to the NFA has a barrel or barrels of less than 18 inches in length. | 15 inches _ | The ATF procedure for measuring barrel length is to measure from the closed bolt (or breech-face) to the furthermost end of the barrel or permanently attached muzzle device. Permanent methods of attachment include full-fusion gas or electric st eel-seam welding, high-temp erature (1100°F) silver soldering, or blind pinning w ith the pin head welded over. Barrels are measured by inserting a dowel rod into the barrel until the rod stops The rod is then marked at the against the bolt or breech-face. furthermost end of the barrel or permanently attach ed muzzle device, withdraw n from the barrel, and measured. 10 26 U.S.C. 5845(d) 5

2 A weapon made from a shotgun is 2.1.2 Weapon made from a shotgun. a shotgun type weapon that has an overall length of less than 26 inches or a barre l or barrels of less than 18 inches in length. | 25 inches _ | The overall length of a firearm is the distance betw een the muzzle of the barrel and the rearmost portion of the weapon measured on a line para llel to the axis of the bore. 2.1.3 Rifle . A rifle is a firearm designed to be fired fr om the shoulder and designe d to use the energy of an explosive in a fixed cartridge to fire only a single projectile through a rifled barrel for each single pull 11 of the trigger. ches in length. rrels of less than 16 in A rifle subject to the NFA has a barrel or ba | 12 inches ________| The ATF procedure for measuring barrel length is to measure from the closed bolt (or breech-face) to or permanently attached muzzle device. Permanent methods of the furthermost end of the barrel eel-seam welding, high-temp erature (1100°F) silver attachment include full-fusion gas or electric st soldering, or blind pinning w ith the pin head welded over. Barrels are measured by inserting a dowel rod into the barrel until the rod stops against the bolt or breech-face. The rod is then marked at the furthermost end of the barrel or permanently attach n from the barrel, and ed muzzle device, withdraw measured. 11 26 U.S.C. 5845(c) 6

3 2.1.4 Weapon made from a rifle. A weapon made from a rifle is a rifle type weapon that has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length. | 18 inches _____________| The overall length of a firearm is the distance betw een the muzzle of the barrel and the rearmost portion of the weapon measured on a line para llel to the axis of the bore. 2.1.5 Any other weapon. Firearms meeting the definition of “any other weapon” are weapons or devices capable of being concealed on the person from which a shot can be discharged through the energy of an explosive. Many “any other weapons” are disguised devices such as penguns, cigarette lighter guns, knife guns, cane guns and umbrella guns. pengun knife gun umbrella gun Also included in the “any other weapon” definiti on are pistols and revolvers having smooth bore barrels designed or redesigned to fire a fixed shotgun shell. 7

4 H&R Handy Gun Ithaca Auto & Burglar Gun While the above weapons are similar in appearan ce to weapons made from shotguns, they were originally manufactured in the illustrated configurati on and are not modified from existing shotguns. As 12 13 or weapons made from a shotgun . a result, these weapons do not fit within the definition of shotgun The “any other weapon” definition also includes specifically described weapons with combination more but less than 18 inches in length from which only a single shotgun and rifle barrels 12 inches or discharge can be made from either barrel wit hout manual reloading. The firearm most commonly associated with this portion of the de finition is the Marble’s Game Getter. Marble’s Game Getter 12 26 U.S.C. 5845(d) 13 26 U.S.C. 5845(a)(2) 8

5 NOTE s produced with 18-inch barrels and a folding : One version of the Marble’s Game Getter wa nufactured, is not subject to the provisions of the shoulder stock. This model of the Game Getter, as ma h and the overall length of the firearm, with stock NFA because it has barrels that are 18 inches in lengt extended, is more than 26 inches. However, if the shoulder stock has been removed from the 18-inch barrel version of the Game Getter, the firearm has an overall length of le ss than 26 inches and is an NFA weapon . Specifically, the firearm is classified as a weapon made from a rifle/shotgun. gned to be fired from the shoulder that are not The “any other weapon” definition excludes weapons desi capable of firing fixed ammunition or a pistol or revolver having a rifled bor e. However, certain alterations to a pistol or revolver, such as the addition of a second vertical handgri p, create a weapon that 14 no longer meets the definition of pistol or revolver. A pistol or revolver modi fied as described is an “any other weapon” subject to the NF A because the weapon is not designed to be fired when held in one hand. semiautomatic pistol with second vertical handgrip volver having a rifled bore does not meet the definition of “any other As stated above, a pistol or re nt to note that any pistol or revolver having a barrel weapon” and is not subject to the NFA. It is importa ithin the exclusion and is an “any other weapon” without a rifled bore does not fit w subject to the NFA. Firearms within the defi nition of machinegun include weapons that shoot, are 2.1.6 Machinegun. designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading by a single func tion of the trigger. 14 27 CFR 479.11 9

6 STEN MK II submachinegun The definition of machinegun also includes the frame or receiver of a machinegun. STEN MK II submachinegun receiver Of all the different firearms defined as NFA weap y type where the receiver ons, machineguns are the onl of the weapon by itself is an NFA firearm. As a result, it is important that the receiver of a machinegun be properly identified. Many machineguns incorporate a “split” or “hinged” receiver design so the main portion of the weapon can be easily separated in to upper and lower sections. Additionally, some machineguns utilize a construction method where the receiver is composed of a number of subassemblies that are riveted together to form the complete receiver. The following table lists specific models of mach ineguns incorporating th e above designs and the portion of the weapon that has been held to be the receiver. This li st is not all- inclusive. For information concerning a split or hinged receiver type machinegun not listed below, contact FTB at (304) 260-1699. Model Receiver Armalite AR10 lower tions) lower Armalite AR15 (all varia Armalite AR18 lower Beretta AR70 lower British L1A1 upper Browning M1917 right side plate Browning M1919 (a right side plate ll variations) Browning M2 & M2HB right side plate Colt M16 (all variations) lower Czech Vz 61 lower FN FNC lower Model Receiver upper FN CAL FN FAL upper 10

7 French MAT 49 upper upper German MP38 & MP40 H&K G3 (all variations) upper upper H&K MP5 (all variations) IMI UZI upper M61 Vulcan outer housing M134 Minigun outer housing Maxim MG08 and 08/15 right side plate SIG AMT upper SIG STG 57 upper SIG 550 Series (all variations) upper Soviet PPsH 41 upper Soviet PPS 43 upper Steyr MPi 69 upper Steyr MPi 81 upper Thompson submachinegun (all variations) upper right side plate ed machineguns Vickers water cool e shot without manual relo ading by a single function The “designed to shoot automatically more than on of the trigger” portion of the defi nition relates to the ch aracteristics of the weapon that permit full automatic fire. ATF has also held that the “designe d” definition includes thos e weapons which have not previously functioned as machinegun s but possess design features which facilitate full automatic fire by simple modification or elimination of existing com ponent parts. ATF has pub lished rulings concerning 15 specific firearms classified as machineguns base d on this interpretation of the term “designed.” part designed and intended solely and exclusively, Included within the definition of machinegun is any or combination of parts designed and intended, for use in converting a weapon into a machinegun. This portion of the machinegun definition addresses what are commonly referred to as conversion kits. The to a part that was produced for “any part designed and intended solely and exclusively” language refers no other reason than to convert a weapon into a m achinegun. Illustrated below are examples of such parts. conversion sear for H&K semiautomatic firearms 15 Appendix B (ATF Rulings 82-2, 82-8, 83-5) 11

8 Drop in Auto Sear for AR15 type semiautomatic firearms The above parts are designed solely and exclusively for use in conve rting a weapon into a machinegun and are classified as machineguns. The “combination of parts designed and intended for use in converting a weapon into a machinegun” language refers to a group of pa rts designed and intended to be us ed in converting a weapon into a machinegun. A typical example is those M2 carbine pa rts that are only used to permit fully automatic fire in a US Carbine M1 or M2. M2 Carbine conversion kit sconnector lever assembly, selector lever spring, di The above parts consisting of an M2 selector lever, hammer are classified as a ring, disconnector plunger and M2 M2 disconnector, disconnector sp machinegun. These parts are used specifically for fu lly automatic fire and ha ve no application in a semiautomatic carbine. While other parts such as an M2 sear, operati ng slide, trigger housing and stock are used in the fully automatic carbine, these parts are also appropriate for use in semiautomatic M1 16 carbines. Therefore, the M2 sear, operating slide, trigger housing and stock are not a combination of parts designed and intended for use in converting a wea pon into a machinegun. Other commonly encountered 16 United States Government Printing Office, 1953 TM9-1267, Cal. .30 Carbines M1, M1A1, M2, and M3, 12

9 igger housings and/or trigger paks for Heckler & Koch (HK) type conversion kits include modified tr semiautomatic firearms. As originally manufact ured, semiautomatic HK firearms (HK, 41, 43, 91, 93 and SP89) were specifically designed such that they will not accept fully automatic trigger housings or trigger paks for HK selective fire weapons such as the G3 and MP5. If selective fire trigger paks or trigger housings are modified so that they will f unction with semiautomatic HK firearms, the modified components are classified as parts designed and intended solely and excl usively, or combination of parts designed and intended for use in converting a weapon in to a machinegun. These mo dified parts are also machineguns as defined. The following illustration shows a selective fire HK tri gger pak with a selective fire trigger housing that has been modified to function with a HK semiautoma tic firearm by removing the forward pivot point or “ears” from the trigger housing. modified HK selective fire trigger housing Illustrated below is a selective fire HK trigger pak that has been modified by notching the forward lower corner of the pak so that it will fit into a standard semiautomatic HK trigger housing. modified HK selective fire trigger pak NOTE: standard selective fire HK trigger housings and trigger paks as originally manufactured are component parts for machineguns. These unmodified parts , in and of themselves, are not subject to the NFA. However, when adapted to function with a se miautomatic HK firearm the modified parts have in converting a weapon into a machinegun . been redesigned and are intended for use 13

10 The following illustration shows a semiautomatic HK tri gger pak with HK conversion sear installed. ith conversion sear installed HK semiautomatic trigger pak w For the conversion sear to function the trigger or the trigger pak mu st be modified to increase the rearward travel of the trigger. When the trigger is modified a notch is cut into the traili ng leg to provide more travel before the trigger contacts the upper gger pak is modified, the trigger stop. When the tri upper trigger stop is either removed or relocated. IMPORTANT NOTE: should the conversion sear be removed from the trigger pak and the modified pak left in the firearm, the weapon will still be capable of fully automatic fire. Therefore, it is important that registered HK conversion sears be kept with their respective trigger paks. This is par ticularly important in instances wh ere HK type firearms are sold as weapons contain semiautomatic trigger paks modified being “sear ready” or “sear host guns”. If these to function with conversion sears the firearms atic fire (without the are capable of fully autom conversion sear) and as such are machineguns as defined. Concerning the installation of conversion kits in semiau tomatic firearms, it must be pointed out that the receiver of the firearm may not be modified to perm it fully automatic fire. Such modification results in the making of a machinegun which is prohibited by 18 U.S.C. 922(o). The definition of machinegun also includes a combination of parts from which a machinegun can be assembled if such parts are in th e possession or under the control of a person. An example of a firearm meeting this section of the definition is a semiau tomatic AR15 rifle possessed with an M16 bolt carrier, hammer, trigger, disconnector and selector. If the semiautomatic AR15 is assembled with the described M16 parts and the rifle is capable of fully automa tic fire, the weapon possessed in conjunction with the 17 M16 parts, whether assembled or not, is a machinegun as defined. 17 , p. 155 ATF P 5300.4 (9/05), Federal Firearms Regulations Reference Guide – 2005 14

11 om which a machinegun can be assembled is a STEN An additional example of a combination of parts fr submachinegun “parts kit” possessed with a length of metal tube to be used as a replacement receiver and instructions for assembling the parts into a fu nctional machinegun. The part s kit as sold does not contain a firearm receiver although remnants of the destroyed receiver may be present. A machinegun parts kit in this condition is not subject to the GCA or the NFA. ructions and/or templates for use in the assembly of a functional Unfinished receiver tubes with inst tubes with instructions/templates, in and of machinegun are also commercially available. These themselves, are not subject to the GCA or NFA. the above described unfi nished receiver tube, a When the parts kit is possessed in conjunction with combination of parts from which a machinegun can be assembled exists and is a machinegun as defined. r are defined as any device for silencing, 2.1.7 Silencer. A firearm silencer and a firearm muffle 18 muffling, or diminishing the re port of a portable firearm. Firearm silencers are generally composed of front end cap, and a rear end cap. an outer tube, internal baffles, a complete firearm silencer The definition of a silencer also includes any combin ation of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler. The following illustration depicts parts that are designed and intended for use in assembling a firearm rts redesigned and intended for use in assembling or fabricating a silencer. Another example of pa firearm silencer are automotive engine freeze plugs that have been modified by drilling a hole through their center to permit passage of a bullet. silencer parts 18 18 U.S.C. 921(a)(24) 15

12 Also included within the silencer definition is any part intended only for use in the assembly or fabrication of a firearm silencer. silencer baffle Any of the above illustrated componen ts meet the definition of a firear m silencer and are subject to the NFA. NOTE: the language in the definition of silencer cont ains no provisions that permit an owner of a registered silencer to possess spare or replacem ent components for the sile ncer. However, licensed manufacturers who are SOTs may possess spare s ilencer components in conjunction with their manufacturing operations. ns different categories that address 2.1.8 Destructive device. The destructive device definition contai category describes the devices subj ect to the definition based on the specific types of munitions. Each material contained in the item, the dimensions of the bore of certain weap ons, and a combination of parts for use in converting the descri bed items into destructive devices. The first portion of the definition 2.1.8.1 Explosive devices. deals with explosive, incendiary that any explosive, in cendiary or poison gas and poison gas munitions. The definition specifies bomb, grenade, mine or similar device is a destructive device. explosive bomb explosive grenade 16

13 This portion of the definition includes a rocket having a propellant charge of more than four ive or incendiary charge ounces and a missile (projectile) having an explos of more than one- quarter ounce. rocket with more than 4 ounces of propellant | projectile | NOTE 20mm generally are not large enough to : Missiles (projectiles) less than caliber accommodate more than one-quarter ounce of explos ive or incendiary material. In the case of 20mm high explosive (HE) or hi gh explosive incendiary (HEI) proj ectiles, it is imperative to determine the model designation of the specific item as some 20mm HE and HEI projectiles contain more than one-quarter ounce of explosiv e or incendiary material and are destructive devices. Other 20mm HE and HEI pr ojectiles do not contain more than one-quarter ounce of e, it is incumbent upon persons interested in explosive and are not destructive devices. Therefor 20mm HE and HEI ammunition to determine the am ained in a specific ount of explosives cont projectile. HE and HEI missiles (projectiles) larg er than 20mm generally contain more than one- quarter ounce of explosive or incendiary material and are destructive devices. 2.1.8.2 Large caliber weapons. The second section of the defin ition states that any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an e xplosive or other propellant, the ba rrel or barrels of which have a bore diameter of more than one-half inch in diamet er is a destructive device. This portion of the definition specifically excludes a shotgun or shot gun shell which the Attorney General finds is generally recognized as particul poses. ATF has issued rulings arly suitable for sporting pur classifying specific shotguns as destructive devices because they have a bore of more than one 19 particularly suitable forfor sporting purposes. half inch in diameter and were found to not be The majority of weapons covered by this portion of the destructive devi ce definition are large caliber military weapons such as rocket launchers, mortars and cannons. 19 Appendix B (ATF Rulings 94-1, 94-2) 17

14 RPG 7 launcher (bore diameter 1.57 inches) 120mm mortar (bore diameter 4.7 inches) It is important to note that the large caliber firearms covered by this section are defined as weapons that expel a projectile by the action of an explosive or other propellant . This is the only place in the GCA and NFA where a propellant other than an explosive must be considered when classifying a weapon. Examples of weapons having a bore diameter of more than one-half inch are mortars that utilize other than an explosive in diameter and that expel a projectile by means compressed air as a propellant and some rocket launchers. Certain destructive devices may also meet the definition of machinegun because in addition to ch the weapons are capable of fully automatic having a bore diameter of more than one-half in fire. ATF treats NFA firearms of this type as both machineguns and de structive devices. The weapons are coded as machineguns in the NFRT R with an annotation that they are also destructive devices. Any such w eapons manufactured on or afte r May 19, 1986 are subject to 18 U.S.C. 922(o). In instances where a weapon of this t ype is being transferred, it is imperative that State and local laws where the weapon is bei ng transferred do not prohibit possession of destructive devices or machineguns. 18

15 M61 20mm full automatic cannon In addition to defining destructiv e devices, the definition also sp ecifically excludes certain items from that classification. As previously state d, any shotgun or shotgun shell which the Attorney ularly suitable for spor General finds is generally recognized as partic ting purposes is not a destructive device. Additionally, the following items are also excluded from the definition: • Any device which is neithe r designed nor redesigned for use as a weapon. • Any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device. • Surplus ordnance sold, loaned or given by th e Secretary of the Army pursuant to the provisions of 10 U.S.C. 4684(2), 4685, or 4686. • Any other device which the Attorn ey General finds is not likel y to be used as a weapon, or is an antique, or is a rifl e which the owner intends to us e solely for sporting purposes. ting the above descriptio ns is automatically It should not be assumed that any device mee excluded from the definition of a destructive de vice. ATF has ruled that certain pyrotechnic 20 devices are destructive devices. ATF should be contacted to c onfirm the classification of any items that appear to meet the above exclusions . Additionally, many of the items excluded from ce may contain a firearm receiver and would still be a firearm as the definition of destructive devi defined in the GCA. 2.1.9 Unserviceable firearm. An unserviceable firearm is a firearm that is incapable of discharging a shot by the action of an explosive and is incapable of being readily restored to a firing condition. The most common method for rendering a firearm unserviceable, and that recommended by ATF, is to weld 21 The chamber of the barrel should weld the barrel to the receiver. the chamber of the barrel closed and be plug welded closed and all welds should be full nd gas or electric steel fusion, deep penetrating, a welds. In instances where the above procedure ca nnot be employed to render a firearm unserviceable, FTB should be contacted for alternate methods. It is important to remember that rendering a fire arm unserviceable does not remove it from the definition of an NFA firearm. An unservic eable NFA firearm is still subject to the import, registration, and transfer provisions of the NFA. However, there is no tax imposed on the transfer of an unserviceable 20 Appendix B (ATF Ruling 95-3) 21 ATF Form 5 (5320.5), Instruction 6a 19

16 firearm as a “curio or ornament.” See 26 U.S.C. 5852(e). : “curio or ornament” is only NOTE pt from transfer tax. An unserviceable firearm descriptive of unserviceable firearms transferred exem ly a “curio or relic” firearm for purposes of the transferred as a “curio or ornament” is not necessari GCA unless the weapon is classified as a curio or relic under the GCA. For further information on curio or relic classification see section 2.2. Firearms defined by the NFA as “an tique firearms” are not subject to Section 2.2 Antique firearm. 22 any controls under the NFA. based on their date of manufacture The NFA defines antique firearms and the type of ignition system used to fire a proj ectile. Any firearm manufact ured in or before 1898 redesigned for using rimfire or conven tional center fire ignition with fixed that is not designed or ammunition is an antique firearm. Additionally, a ny firearm using a matchlock, flintlock, percussion cap or similar type ignition system, i rrespective of the actual date of ma nufacture of the firearm, is also an antique firearm. unition are antique firearms onl y if the weapon was actually NFA firearms using fixed amm manufactured in or before 1898 the ammunition for the firearm is no longer manufactured in the and United States and is not readily avai lable in the ordinary ch annels of commercial trade. To qualify as an antique firearm, a fixed cartri dge firing NFA weapon must me et both the age and ammunition availability standard s of the definition. Concerning ammunition availability, it is important to note that a specif ic type of fixed ammunition that has been out of production for many years may again become available due to increasing interest in older firearms. Therefore, the clas sification of a specific NFA firearm as an antique can change if the ordinary channels of commercial trade. ammunition for the weapon becomes readily available in 23 are of special interest to collectors. Section 2.3 Curios or relics. Curios or relics are firearms that NFA firearms can be classified as ria used to classify conventional curios or relics under the same crite 24 firearms as curios or relics. ognized as a curio or relic is still an NF A “firearm” and is still subject to the An NFA firearm that is rec ovisions of the NFA. The primary impact of a curio or reli c classification is registration and transfer pr that a properly registered NFA firearm classified as a curio or relic may be lawfully transferred interstate to, or received interstate by, a pers on licensed as a collector of curi os or relics under the GCA. NFA as collector’s items. Section 2.4 Applications to remov e firearms from the scope of the 25 The provisions of the NFA as collector’s items. Certain NFA weapons can be removed from the procedures for requesting removal of an NFA firearm are the same as used for requesting a destructive 26 device determination. 22 26 U.S.C. 5845(a), (g) 23 27 CFR 478.11 24 27 CFR 478.26 25 26 U.S.C. 5845(a) 26 27 CFR 479.24 - 479.25 20

17 An NFA firearm removed from the longer subject to any of the NFA as a collector’s item is no will still be a firearm as defined in the GCA and provisions of the NFA. In most cases, the weapon ations, the weapon that is removed from the NFA as a subject to regulation under the GCA. In some situ 27 In these instances, the weapon collector’s item will be an antique firearm as defined in the GCA. would no longer be a firearm as defined in Federal law. The Attorney General does not have the authority to remove a machinegun or a destructive device from 28 the provisions of the NF A as collector’s items. Therefore, applications to remove machineguns or destructive devices from the NFA as collector’s items cannot be approved. Section 2.5 Removal of firearms from the scope of the NFA by modification/elimination of components. are subject to the NFA fall within the various Firearms, except machineguns and silencers, that definitions due to specific features. If the particular feature that causes a firearm to be regulated by the NFA is eliminated or modified, the re sulting weapon is no longer an NFA weapon. For example, a shotgun with a barrel length of 15 inches is an NFA weapon. If the 15- inch barrel is removed and disposed of, the remaining firearm is not subject to the NFA because it has no barrel. Likewise, if the 15 inch barrel is modified by permanently attaching an extension such that the barrel length is at least 18 inches and th e overall length of the weapon is at least 26 inches, the modified firearm is not subject to the NFA. NOTE: an acceptable method for pe rmanently installing a barrel seam welding or the use of high temperature silver solder having a extension is by gas or electric steel flow point of 1100 degrees Fahrenheit. H&R Handy Gun may be removed from the NFA by A shot pistol (“any other weapon”) such as an barrel or permanently installing a rifled sleeve chambered to accept either disposing of the smooth bore a standard pistol cartridge into the smooth bore barrel. Modified by sleeving the barrel, an H&R Handy Gun is no longer an NFA weapon because it now has a rifled bore. that are not also machineguns can be removed from the NFA by Large caliber destructive devices barrel of a 37mm cannon is remove d and disposed of, the remaining disposing of the barrel. If the weapon has no barrel or bore diameter. As an altern ative, the barrel of a de structive device may be functionally destroyed. To destroy the barrel of a destructive de vice the following operations must be performed: • on a 90-degree angle to the axis of the bore, Cut a hole, equal to the diameter of the bore, through one side of the barrel in the high pressure (chamber) area. • Weld the barrel to the receiver of the weapon. • Weld an obstruction into the barrel to prev ent the introduction of a round of ammunition. 2.5.1 Removal of machineguns and silencers from the scope of the NFA. Machineguns are defined to include the receiver of a machinegun and the de finition of silencer includes each component of a 27 18 U.S.C. 921(a)(16) 28 26 U.S.C. 5845(a) 21

18 NFA, the receiver of a om the provisions of the silencer. Therefore, to remove these weapons fr machinegun or all the components of a silencer must be destroyed. iver is to completely sever the receiver in The preferred method for destroying a machinegun rece laces at least one-quarter inch of material at each specified locations by means of a cutting torch that disp 29 the preferred destruction of specific machineguns. cut location. ATF has published rulings concerning A machinegun receiver may also be properly destroyed by means of saw cutting and disposing of certain removed portions of the receiver. To ensure that the proposed saw cu tting of a particular machinegun receiver is acceptable, FTB should be contacted for guidance and approval of a ny alternative destruction destroyed may still be classified as a a machinegun receiver that is not properly proposal. Note : machinegun, particularly in instances where the iver is possessed in improperly destroyed rece conjunction with other com ponent parts for the weapon. ng each component by means of a cutting torch that A silencer may be destroyed by completely severi one-quarter inch of material at each cut location. has a tip of sufficient size to displace at least lencer, these components may be de stroyed by crushing them flat in Concerning the outer tube(s) of a si lieu of cutting with a torch. Anyone interested in destroying an NFA weapon by means other than described above should contact FTB to discuss possible alternatives. 29 Appendix B (ATF Rulings 2003-1, 2003-2, 2003-3, 2003-4) 22

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