Drop in Sears?

[Jakeiscrazy]

Me and a teacher were having a discussion today about full auto. I was saying that as long as your sear is the registered part you can drop it into any gun. He was saying that if you buy a sear and put it into a gun it becomes attached to the gun and you can never move it into another without of course a new tax stamp. So who's right and can anyone find the law to prove it?

Thanks guys!

[jdonovan]

Me and a teacher were having a discussion today about full auto. I was saying that as long as your sear is the registered part you can drop it into any gun. He was saying that if you buy a sear and put it into a gun it becomes attached to the gun and you can never move it into another without of course a new tax stamp. So who's right and can anyone find the law to prove it?

You are both wrong, and both right.

This is a HIGHLY platform specific question.

The sear can only be placed into firearm 'families' designed for the sear.

a FNC sear could be made to fit a FS2000 but it is not permissible to do so.

a H&K sear can be put into a PTR-32 (7.62x39) a caliber that never existed in 1986 when the last sear was registered. But because the ptr-32 is a H&K 9x style firearm it is permissible.

What is / is not permitted is up to the ATF tech branch. The law gives them wide latitude to interpret what congress has passed.

The sear is married problem occurs when you do something like put an AR sear into the lower and then put a 8" barrel upper on. The sear can't leave the gun as-is because a SBR would then be created. Put a long barrel on, then remove the sear, all is well.

In the case of say an H&K firearm where the barrels are not easily removable, you could destroy the host, then no SBR exists, and remove the sear and place it into a new host.

There are so many what ifs you REALLY need to do your homework on what things are/are not permissible for a specific platform, and note that information changes over time.

[Jakeiscrazy]

Thanks for the reply that clears a lot up!

[Diomed]

And then you have the permanently married sears, where the registrant was dumb and converted (for example) an AR by using a DIAS but registered the lower instead. The lower and DIAS can never be divorced.

Same with registered AK sears. The receiver had to be drilled out to accept it, making it a machinegun. ATF allowed them to remain transferable, but the receiver and sear can never be separated.

[jdonovan]

Oh and if you converted it by using a sear and modifying the receiver, then ATF regards that as an improper conversion. They haven't gone out trying to locate and round them up, but I wouldn't count on that never happening.

I in general stay away from anything that even has a whiff of improper whenever the NFA is involved.

[Jakeiscrazy]

So how is a sear registered instead of the lower? Do they have serial numbers?

[Jakeiscrazy]

Also how would you register your guns that you would want to use the sear in with the state of virginia since they require the machine guns "MAKE AND MODEL, CALIBER, MODEL NUMBER, SERIAL NUMBER"? Would you register all the guns you wanted to us the sear in?

[Diomed]

So how is a sear registered instead of the lower? Do they have serial numbers?

Yes. You mark the sear with all the info required by law. On many transferable ones, you'll often just find a serial number, as the marking requirements were rather loosely followed back in the day.

Also how would you register your guns that you would want to use the sear in with the state of virginia since they require the machine guns "MAKE AND MODEL, CALIBER, MODEL NUMBER, SERIAL NUMBER"? Would you register all the guns you wanted to us the sear in?

Correct, when doing the registration with the state police you file for the host firearm(s). I included a little note that they were for a registered sear, lest they get concerned I was making new machineguns (in the federal sense).

Some people skate on registering hosts by removing the sear when they finish shooting, so it's no longer installed. I don't think that's a particularly wise course, but it's your ass and money on the line, not mine.

[jdonovan]

Some people skate on registering hosts by removing the sear when they finish shooting, so it's no longer installed. I don't think that's a particularly wise course, but it's your ass and money on the line, not mine.

There is no exception on not registering because the sear was installed for a short period of time. They _ARE_ violating the law. Likelyhood of getting caught is low.

The penalty: Class 3 misdemeanor, and the officer can seize and confiscate the MG. Presto you're out 12-15k.

IMO risk FAR out weighs the benefit.