NFA Rules on M16 Parts?

NFA Rules on M16 Parts?

This is a discussion on NFA Rules on M16 Parts? within the Defensive Rifles & Shotgun Discussion forums, part of the Related Topics category; I was under the impression that possession of even some parts that could be used to convert a firearm to select fire is illegal, unless ...

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Thread: NFA Rules on M16 Parts?

  1. #1
    VIP Member Array Badey's Avatar
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    NFA Rules on M16 Parts?

    I was under the impression that possession of even some parts that could be used to convert a firearm to select fire is illegal, unless you have a tax stamp for that firearm.

    I came across an ad from a major online distributor that is selling Vietnam era M16A1 parts kits (minus the disconnector and lower receiver). Are these kits legal for non-tax-stamp owners to purchase (there was no disclaimer in the ad that said anything about NFA rules)?


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  2. #2
    VIP Member Array dukalmighty's Avatar
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    You can use an M16 bolt in a Semi Auto with no problem,but from what I understand if you have an AR15 and M16 fire control group the ATF considers that you own a machinegun.
    HOTGUNS is gonna be able to set the record straight since he is a builder
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  3. #3
    Member Array ashamans's Avatar
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    my money is on the m16 sear
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  4. #4
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    Here's the thing...
    Nobody really cares except the ATF.

    Having the parts is not illegal. Having them in an AR is totally illegal. With that being said, years ago the ATF was busting people for just having them along with AR15's. Their stance was that you could have one or the other but not bot together and they called it "constructive possession". They said that you might be able to make a fully auto AR.

    That constructive possession thing got overruled by the Supreme Court because using that as a criteria would allow all sorts of abuses from the Federal Government. Since the burden of prosecution was on the Feds, they had to be able to PROVE that you were going to assemble the needed parts to make a working machine gun.

    They couldn't really prove anything until you did it, so they lost their case.

    The needed parts kits that you can get anywhere, along with the auto bolt, will not work unless you have a removable "auto sear" or drill an extra hole in the receiver to affix the fixed auto sear. If you drill and extra hole in that receiver and you posses the auto sear that comes with some kits, then they might be able to prove constructive intent ,because you went through the trouble of locating the hole and drilling it.

    If you have all full auto parts in your gun and you posses a removable auto sear, there again they might be able to prove that you rigged your AR to fire full auto...otherwise why would have replaced the semi parts with full auto if you didn't intend to make it so? How would you explain that to a jury?

    So with that being said...its just not worth doing. Its a 10 year, 10,000$ fine if you get caught. Even if you win your case, legal fees will exceed far that just to keep your freedom and remember that the Federal Government has all the time and money in the world, along with people that do that for a living to try to put you away.

    With that being said...the parts manufacturers don't care where their stuff goes or who gets it as long as they get their money. The rest is on you.


    BTW, I'm not a lawyer so don't take this as legal advice. Legal precedence's change so often that you have a to be a lawyer that specializes in gun laws to stay current and there are precious few that even do that.
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  5. #5
    Distinguished Member Array GlassWolf's Avatar
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    I'll just leave this here. Skip to 15:00

    I am free because I know that I alone am morally responsible for everything I do. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.

  6. #6
    VIP Member Array Badey's Avatar
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    Quote Originally Posted by HotGuns View Post
    Here's the thing...
    Nobody really cares except the ATF.

    Having the parts is not illegal. Having them in an AR is totally illegal. With that being said, years ago the ATF was busting people for just having them along with AR15's. Their stance was that you could have one or the other but not bot together and they called it "constructive possession". They said that you might be able to make a fully auto AR.

    That constructive possession thing got overruled by the Supreme Court because using that as a criteria would allow all sorts of abuses from the Federal Government. Since the burden of prosecution was on the Feds, they had to be able to PROVE that you were going to assemble the needed parts to make a working machine gun.

    They couldn't really prove anything until you did it, so they lost their case.

    The needed parts kits that you can get anywhere, along with the auto bolt, will not work unless you have a removable "auto sear" or drill an extra hole in the receiver to affix the fixed auto sear. If you drill and extra hole in that receiver and you posses the auto sear that comes with some kits, then they might be able to prove constructive intent ,because you went through the trouble of locating the hole and drilling it.

    If you have all full auto parts in your gun and you posses a removable auto sear, there again they might be able to prove that you rigged your AR to fire full auto...otherwise why would have replaced the semi parts with full auto if you didn't intend to make it so? How would you explain that to a jury?

    So with that being said...its just not worth doing. Its a 10 year, 10,000$ fine if you get caught. Even if you win your case, legal fees will exceed far that just to keep your freedom and remember that the Federal Government has all the time and money in the world, along with people that do that for a living to try to put you away.

    With that being said...the parts manufacturers don't care where their stuff goes or who gets it as long as they get their money. The rest is on you.


    BTW, I'm not a lawyer so don't take this as legal advice. Legal precedence's change so often that you have a to be a lawyer that specializes in gun laws to stay current and there are precious few that even do that.
    Thanks for the response. I was more interested for the historical value (thought I might drop some hints for Christmas), but wasn't sure what kind of position I might be putting myself in legally if I did end up getting it. I like history, but not enough to potentially have to pay $10,000 and serve 10 years...






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