User Panel
Stupid was a bit strong- now that I see this post methinks "thick" is more appropriate. You actually think a qualifier like " they may be right" changes the meaning of that quote? You were intimating quite clearly that the "lawyers" were the ones dragging this thread out by giving "technical" meanings or some such nonsense, when, in fact, iIt is obvious to most, present company excluded, that this is not the case. And the rest of your post takes nothing away from that allegation captured in that quote . . . but I'm quite confident you do not possess the tools to wrap your noggin around this concept. With or without the rest of your quote, the meaning of those words are clear. Would you rather I quote you in full?- that would have changed nothing. The post was right there for all to see . . . did I change the text of the phrase I commented on? No and so your "fast and loose" comment is baseless given the clear meaning of that quote. The rest of your post is absolutely irrelevant as it relates to that comment and my response to it. You laid an allegation at my feet, with or without your "they may be right" comment. I responded and corrected your lame observation. As a matter of fact, your entire premise in that post was specious and just plain wrong- the lawyers, mainly me, stated from the beginning that such a practice is NOT the "practicle" thing to do- see where I address this at the end of this post.
Wow, that's some pretty impressive jibberish. You kinda sound like a 1L here, kinda.
This place is far from a courtroom and I'm not arguing to a trier of fact- I have stated my opinion on this issue over and over again on many threads and it has been consistent. I will not stand by and let some jonny-come-lately march in here and act as though he is above it all while pointing fingers at those of us who have been trying to give the members of this forum a refreshing jolt of the truth. This thread was over long ago, you just don't have the grey matter to know it.
This is more jibberish- like I said, the substance of this thread ended pages ago. It's tacked for a reason, so everyone can read it. You can't "close" an issue that has already been settled by those of us who understand and can read a plainly written federal code section. Your follow up threads are rehashed postings of shit already said with some minutia sprinkled in and some paultry insults to boot. You state on page 14, in your insightful "I-want-to-bring-this-madness-to-a-close" speech, that the lawyers say one thing, but you and the "practical side" say, "why bother?" Yes, that is what you said in a nutshell and I don't even have to quote you in full to accurately point this out. So, this is your insightfull knowledge to "close" this issue? Guess what, I have been saying this since before you even joined this website. Here's what I said on page 1 after pointed out the law:
Hell, you should have just quoted me in your post, would have saved some time. And what were you saying about reading comprehension . . .? Yes, stupid was a bit harsh, you are obviously a little touched in the head (a thick one at that). |
||||||
|
A DIAS is perfectly legal to own, as long as you have no AR to host it in. The pre-'84 ones that you see are legal, per the ATF. You just can't have an AR, as they are not registered. |
||
|
Locked per request.
|
|
|
Just because
|
|
|
So is it leagal or not?
|
|
www.drudgereport.com
www.arizonashooting.com www.tannerite.com |
Whoa! Flashback, Man! Time warp!
|
|
|
Oh no.... you didnt...... |
||
MAN LAW#87 - if you gotta ask, it's a guy. Period.
|
Tag for answer
|
|
|
Oh man! What happened to CIRCUITS? I just IM'd the little fr00t! M4_aiming _at_U got banned for ripping someone off.
|
|
|
Wow - that's some good stuff right there. |
||
MAN LAW#87 - if you gotta ask, it's a guy. Period.
|
Yes, that little Einstein was booted months ago. Should have kept him around for the amusement alone.
|
|
"So remember kids, playing Hitler in school, isn't cool"
|
Don't know about CIRCUITS, he was one of the good guys.
I missed out on all that, was out of town or something when that guy was posting. |
||||
|
You can quote me on this, I am a lawyer, it is ILLEGAL to have an M16 bolt carrier in your rifle without the class iii permit, whether you know it is in there or not. I bought an upper at auction and the bolt it came with was M16- i destroyed it. The law clearly states that if you have any 1 M16 part (trigger, disconnector, safety selector, bolt carrier, hammer) any 1 of these in your gun MAKES YOUR GUN A MACHINE GUN for all intents and purposes regardless of the rate of actual fire. ALSO, it is a crime to posses any M16 parts in conjunction with AR15 ownership, it is assumed you will use those parts to make a machine gun and the penalties for any violation are severe. 10 years plus 250 thosand dollar fine is common.
lawdawg430 |
|
|
Rarely is it possible to have more errors than sentences, but you have accomplished it. These threads always have great entertainment value, thanks for the resurrection. |
||
|
And I'm a Leprachan.
First off Cite the law on this. Come on if it's law then you should be able to cite Federal Code or at minimum a legal precident from a case. Secondly, if you were a Lawyer with a clue about Class 3 issues, you'd know there is no 'permit' it's a tax stamp. |
|||
Visit www.MD-AR15.com
"All Arfcommers should wear thier multicam smoking jackets or jammies around the house in anticipation of JBT tasering/dog shooting/civil rights violation or the occasional impromptu gangbanger street theater." - m24sh |
Wow, just wow.
|
|
"So remember kids, playing Hitler in school, isn't cool"
|
What's a class III permit?
|
|
MarkM's only friend.
|
You get them along with an internet law degree in a box of Cracker Jack. |
||
|
Slight Hijack..
Are there any other threads on ARFcom that are over 4 years old and still active and on-topic? /Slight Hijack |
|
Visit www.MD-AR15.com
"All Arfcommers should wear thier multicam smoking jackets or jammies around the house in anticipation of JBT tasering/dog shooting/civil rights violation or the occasional impromptu gangbanger street theater." - m24sh |
Newsflash.....Just because you passed the bar does not mean you know what you are talking about. |
||
|
YOu need to ask for a refund from the school that gave you a law degree, as they failed to teach you anything. Unless you got your degree during a K-Mart blue light special. That could explain things... Colt is now putting M-16 carriers in their guns (suprise!), and you don't NEED to have any tax stamp to by the trigger/sear componets according to any BATFE information on their web site, or in the actual CFR. Once again, just because Bushmaster will not sell the M-16 parts without proof of a tax stamp doesn't make it illegal. Last I checked, Bushmaster wasn't a legal entity, and their business decisions don't carry the weight of law. They don't sell the parts directly due to LIABILITY. That is all. |
||
Get up, stand up, stand up for your rights
Get up, stand up, don't give up the fight - Bob Marley |
I'm a lawyer too, no a real one. . . . It is legal to have an M16 bolt carrier. If it were illegal, ATFE would have acted against Colt and other manufacturers long ago. |
||
-"Wenns der Wahrheitsfindung dient"- Some Kraut radical from the 60's. . . . |
I like pie, not lawyers.
|
|
|
For those who are arguing that it is illegal to have an M16 bolt carrier in an AR15, please post some legal authority, a link to some legal authority or a citation to some legal authority.
Pleas don't post "I've always heard..." "Colt requires a Form 4" or anything else. I'm interested in what it says in the law and regs. Hell, I'll even settle for an official BATFE interpretetion of the law or regs. The BATFE letters I've seen posted online say if you have M16 fire control components you may get yourself in trouble. As has been pointed out above, that's not what the statute and regs say. If you only have the bolt carrier you are within the letter of the law and the regs as I read them. If I'm wrong, please post legal authority - not heresay or opinion. Read this: LINK It is a link to some analysis by James Bardwell - a respected NFA attorney. "In a March 11, 1986 memorandum, ATF made the following observations on this phenomenon: "The proposed draft ruling would hold that an AR15 type rifle in combination with an M16 hammer, trigger, disconnector, selector and bolt carrier is a combination of parts from which a machine gun can be assembled and is a machine gun if such rifle and parts are in the possession or under control of a person. It would also hold that an AR15 type rifle in combination with any M16 part or parts (whether assembled or unassembled) which, when assembled, shoots automatically by manipulation of the selector or removal of the disconnector is also a machine gun. "The Bureau has determined not to issue the ruling at this time...." Reproduced in footnote 10, U.S. v. Staples, 971 F.2d 608 (CA10 1992), reversed on other grounds, 511 U.S. 600 (1994). Rather than issue a formal ruling to this effect, and endanger the "logic" of ATF Ruling 81-4, by acknowledging that the drop-in auto sear can only really work to convert a firearm ATF also considers to be a machine gun, ATF instead released this "open letter" from Stephen E. Higgins, then director of ATF. The open letter was printed in the fall, 1986, Federal Firearm Licensee News publication. An edited version of this letter can be found in the ATF "Yellow Book", "Federal Firearms Regulations Reference Guide", ATF P 5300.4 (10-95) at page 91: "I want to bring to your attention possible Gun Control Act violations in which you could inadvertently become involved. "ATF has encountered various AR15-type assault rifles such as those manufactured by Colt, E.A. Company, SGW, Sendra and others, which have been assembled with internal components designed for use in M16 machineguns. It has been found that the vast majority of these rifles which have been assembled with an M16 bolt carrier, hammer, trigger, disconnector and selector will fire automatically merely by manipulation of the selector or removal of the disconnector. Many of these rifles using less than the five M16 parts listed above also will shoot automatically by manipulation of the selector or removal of the disconnector. "It must be pointed out that any weapon which shoots automatically, more than one shot, without manual reloading, by a single function of the trigger is a machinegun as defined in 26 U.S.C. Section 5845(b), the National Firearms Act (NFA). In addition, the definition of a machinegun also includes any combination of parts from which a machinegun may be assembled, if such parts are in possession or under the control of a person. Any machinegun is subject to the NFA and the possession of an unregistered machinegun could subject the possessor to criminal prosecution. "Additionally, these rifles could pose a safety hazard in that they may fire automatically without the user being aware that the weapon will fire more than one shot with a single pull of the trigger. "In order to avoid possible violations of the NFA, M16 hammers, triggers, disconnectors, selectors and bolt carriers must not be used in assembly of AR15-type semiautomatic rifles, unless the M16 parts have been modified to AR15 Model SP1 configuration. Any AR15-type rifles which have been assembled with M16 internal components should have those parts removed and replaced with AR15 Model SP1 type parts. These parts are available commercially or the M16 component may be modified to AR15 Model SP1 configuration. "It is important to note that any modification of the M16 parts should only be attempted by fully qualified personnel. "On the following page are illustrations of AR15 Model SP1 component parts and the corresponding M16-type parts. Should you have any questions concerning AR15-type rifles with M16 parts, please contact your nearest ATF law enforcement office. Our telephone numbers are listed in the United States Government section of your telephone directory under the United States Treasury Department." While ATF decided not to made a formal ruling to the effect that an AR-15 type rifle with M-16 parts is a machine gun, they can, almost certainly, get such a firearm to fire more than one shot with a single pull of the trigger, and thus claim it is a machine gun, on a case by case basis." Note: This is not law or regulation. It is an "open letter" stating the BATF's interpretation of the law and regs. IMO, it boils down to a question of fact - Can the BATF get an AR15 whose only M16 component is the bolt carrier to fire automatically when an AR15 with an AR15 bolt carrier would not fire autonatically? If not, then, IMO, an M16 carrier in an AR15 is legal, regardelss of what Bushmaster and Colt do or say. |
|
|
From page two, I wrote:
|
||
"So remember kids, playing Hitler in school, isn't cool"
|
Bushmaster won a law suite with the fact having m16 parts in the gun doesnt make it a fa. plus the law states if you have all parts that are need to go FA make it illegal. If they cant make it shoot full auto you cant get in trouble.
JUST MY OPINION You should always research on your own the law I bet the NRA would gladly answer those question you have about putting that BC in you AR |
|
|
I advise against it,unless your gun is registered NFA compliant. ATF promulgates that any M16 part (bolt carrier, hammer, trigger, disconnector, safety selector, sears) makes your gun a machinegun for prosecutorial purposes regardless of the fact that it takes more than 1 squeeze of the trigger to expel more than a single round. There are those in here who strongly disagree with that rule, but are unwilling to stake their freedom on it. In other words, they wouldn't mind it if you were the "test" case, but they are unwilling to test it themselves. Don't do it. It isn't worth the risk. |
||
lawdawg430, Esq. JD BA
When I Fight, I Win. |
You're in good company.
Not true. If you really are an attorney, I'm sure you wouldn't mind providing us with your authority for said "promulgation".
Who are "they" exactly? I must have missed those posts. |
|||||
"So remember kids, playing Hitler in school, isn't cool"
|
AGNTSA |
||
Isaiah 16:11 "Wherefore my bowels shall sound like an harp..."
thebeekeeper1: "We don't allow any kind of generalized bashing--except against the French." Be polite. Be professional. But have a plan to kill everyone you meet. |
As usual, read the rules and regs for yourself and make your own decision. I draw the line at spreading disinformation though. Remember this though, thousands of people use the M16 carrier in their AR15's, (as I do and I say it here in writing - please feel free to send a copy of what I stated to the ATFE), and companies are now shipping AR15's with M16 carriers. If ATFE started prosecuting, they would have thousands of people to go through and small companies like COLT before they would get to you. It would also seem a shame that if they decided to, they didn't start decades ago when this issue was still the case way back when - but so far I know of know one successfully prosecuted for using an M16 carrier in an AR15 since this all began many years ago. All the cases I know of where clear cases of rifles being fully converted illegally or having an unregistered device specifially designed to convert to full auto. Again, I'll stake my freedom on this. I own both an M16 and many AR-15's. I have short barrelled uppers stored with my AR15's and I use M16 carriers in them. Were I to dump the M16 and any SBRS, I would only get rid of my short barrels but continue to use the M16 carrier. ATFE, please take me to court if you care. I'll even write a letter stating all of the above as a couple of my other friends have done (with absolutely no response). |
||
Visit the ALASKA FORUM on ARF at http://www.ar15.com/forums/forum.html?b=8&f=43
"This topic obviously hit a nerve among the folks out there. No one has uttered the esteemed Arfcom cheer: Get both." - Amicus |
I am not going to make ATF's case or argue it for them, or report you for your admission. I am stating better safe than sorry, if the governing body advises against it, it's a pretty good indication of what to do. One or two of these parts can give you "slam fires" and that is with one squeeze and that is a machine gun. Via the light**** l*nk, you don't use any m16 parts to go full auto and that is a machine gun. Also, it has been found to be illegal to own these full-auto parts in conjunction with a legal AR15, it is presumed intent. Proximity is an issue. Why is it I cannot buy a m4 trigger pack without showing my proof of llc, if it's not illegal? The bottom line is when ATF or the Atty General release an opinion or declaration stating full auto parts are legal to use in semi auto AR's, then I will advise it is safe to do. The ambiguity and misinformation is a result of the cluster fuck caused by them not me. |
|||
lawdawg430, Esq. JD BA
When I Fight, I Win. |
Lawdog, you didn't answer my question; I'll do it for you. The answer is there is no such "promulgation". If you read this entire thread, you'll clearly understand ATF's position, which believe it or not is somewhat consistant. It is this: Like you, me and most everyone else, the "advice" is not to "store" or "stockpile" F/A parts. Not because it is "illegal" to possess them, but because you could accidently accumulate enough to possess a FA weapon constructively. They never, ONCE, make a statement that having even one part is illegal.
This is a serious question? Don't confuse being cautious with legalities.
Even if you wanted to, you could not find me a cite where any court "found" that having one part alone, not capable of conversion, along with an AR was "constructive possession." |
|||||
"So remember kids, playing Hitler in school, isn't cool"
|
I didn't say one part alone. There are cases where "parts" and and an AR15 were illegal. Oh, and that is a serious question. Why can't I buy those parts without showing proof? You state they never say it is illegal, but they do advise against it. Have they ever claimed it to be legal? |
||||||
lawdawg430, Esq. JD BA
When I Fight, I Win. |
Then why bring it up? We're discussing "one part alone". I've read the cases that I could find on this issue and every one seemed to include facts of several parts that, in combination, could render an AR F/A. That is against the law. Those cases have no place in this discussion
Could be several reasons, none of which have to do with the law. Could be because some manufacturor, not the government, listens to misinformation on websites about what is "legal" or what the ATF "promulgates". Could be they simply want to be "cautious" because they're paranoid. In the end, it does not change the meaning of an unambigous law.
Actually, YES, they have at least orally and in a letter to Chen. Read this entire thread. Why don't you call the tech branch right now and ask them. I bet if you get someone on the phone, pose the question correctly ("one B/C in an AR not capable of rendering the AR F/A"), you'd get an answer. |
||||
"So remember kids, playing Hitler in school, isn't cool"
|
Here we go again......
|
|
MAN LAW#87 - if you gotta ask, it's a guy. Period.
|
Lawdog, you have no clue what you are talking about in regards to this discussion.
Read the law, Find where the LAW says possession of an M-16 carrier, or any other part, is illegal. Not an opinion statement from the tech branch, actual LAW. |
|
Get up, stand up, stand up for your rights
Get up, stand up, don't give up the fight - Bob Marley |
"Actually, YES, they have at least orally and in a letter to Chen. Read this entire thread. Why don't you call the tech branch right now and ask them. I bet if you get someone on the phone, pose the question correctly ("one B/C in an AR not capable of rendering the AR F/A"), you'd get an answer."
Objection: Hearsay |
|
lawdawg430, Esq. JD BA
When I Fight, I Win. |
Oh, I have some inkling of an idea as to what we are talking about, and since when has the letter of the law been followed by any administrative body Ace? NTM letter of the law is subject to interpretation, distinction, and a point of advocacy, or a grey area. The question posed was M16 bolt in AR15? I advised against it. It serves no purpose anyway. I based it on words in writing by the BATF and Bushmaster and case law I have read. I mean you are talking about risking your freedom and liberty for what? To use an M16 bolt carrier in place of an AR15's? Why risk it and go against sound advice? Just to be grandiose? |
||
lawdawg430, Esq. JD BA
When I Fight, I Win. |
A phone call, a letter, you telling us you've "read cases" - yes, if we're in court, all hearsay. You do know this is not a courtroom, right? If you don't like the answer, learn to avoid asking the question next time. |
||
"So remember kids, playing Hitler in school, isn't cool"
|
No he's right, you really don't know jack about this subject. "Words written by the BATF": Please show us the words that relate to this topic. Keep in mind this discussion wasn't spawned by a request for "advice", the question was whether it is "LEGAL" or not. There's a huge difference - obviously lost on you. Have you even read the letter to Chen? "Bushmaster": You're basing your position on a disclaimer by BUSHMASTER!? "Case law I've read": Bullshit. You have not read jackshit that bolsters your opinion on this matter. You cannot cite one case that would stand for the proposition that an M16 BC in an AR is illegal. Please educate us. |
|||
"So remember kids, playing Hitler in school, isn't cool"
|
Face it Lawdog, you are just to stubborn to admit that there is no LAW that makes it illegal to use an M-16 bolt carrier in an AR-15. If there were, you would have presented it. ETA: I'm NOT a lawyer, and even I can read the laws regarding MG's. Your position is based on opinion and what internet commandos have spouted. |
|||
Get up, stand up, stand up for your rights
Get up, stand up, don't give up the fight - Bob Marley |
Sig line stuff there. Are you the guy that put Bushmaster and expert in the same sentence last week? That was a hoot. |
||
|
No - he has already delivered the facts... did you guys miss that?
|
|||
MAN LAW#87 - if you gotta ask, it's a guy. Period.
|
D'oh!! I forgot that Lawdog was an NFA lawyer and the ATF lawyer.... |
||||
Get up, stand up, stand up for your rights
Get up, stand up, don't give up the fight - Bob Marley |
Thought it was the same guy:
www.ar15.com/forums/topic.html?b=3&f=118&t=314732&page=2 This is my favorite part:
|
|||
|
I'd school you, but I would rather just agree to disagree dear colleague. Call it a professional courtesy, since it is clear you want to resort to disrespect and who knows "jackshit" comments, namecalling. I will not disrespect this forum with a flame war or pissing match versus fellow members over a subject that is clearly a point of advocacy. Honestly, I have a lot to offer on this topic, but I won't waste it on "educating" the likes of you. |
||||
lawdawg430, Esq. JD BA
When I Fight, I Win. |
Whatever you say Francis.
I doubt very seriously we are anything close to "colleagues." |
|
"So remember kids, playing Hitler in school, isn't cool"
|
Wow, I wish I had that link before. I could have just linked his ass-kicking in that thread and left him to twist on his own. Our comments about what he said in this thread seem like overkill in light of the ignorant statements made in that thread. I actually feel kind of bad now. I also seriously doubt this guy is a lawyer. |
||||
"So remember kids, playing Hitler in school, isn't cool"
|
Please don’t feel badly. When a tool needs thumped, we depend upon you to do it. I base my decisions upon the opinions of experts like you. The waters must not be permitted to be muddied. |
|||||
“If you do not know where you are going, you will probably end up somewhere else.”
"Destiny Lies Ahead", by Dr. Laurence Peter. |
Since you don't want to 'school' 'colleagues', please feel free to 'school' this 'layman'. Or don't you want to chance being 'schooled' yourself? |
|||||
Get up, stand up, stand up for your rights
Get up, stand up, don't give up the fight - Bob Marley |
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.