Posted by machine gun owner on January 07, 2004 at 10:59:05:
In Reply to: Auto, auto who's got the full auto? posted by Not the moderator on September 30, 2003 at 13:39:24:
I think section (b) above is pretty clear:
'(b) Machine guns lawfully possessed prior to May 19, 1986. A machine
gun possessed in compliance with the provisions of this part prior to
May 19, 1986, may continue to be lawfully possessed by the person to
whom the machine gun is registered and may, upon compliance with the
provisions of this part, be lawfully transferred to and possessed by the
transferee.'
There is a limited supply of 'transferable' machineguns that were manufactured and registered before May 19, 1986 and these machineguns are fully transferable between regular law abiding civilians(as long as they are legal in your state). If machineguns are legal in your state and you can legally buy and pass the NICS check for a handgun or long gun, you can legally buy a transferable machinegun. This is not somebody's martial arts/video game fantasy, it is legal fact-plain and simple.
When the FOPA(Firearm Owner's Protection Act of 1986) was passed into law, it went into effect on May 20, 1986. From the time of the passage until May 19, 1986, many Class 2 manufacturers(FFL/SOTs) worked long hours, 7 days a week to build and register machineguns(serialized, partially finished Sten & Swedish K tubes, serialized and folded M11/9 flats, etc) and machinegun conversion parts -registered 'sears' for HK-type weapons, along with drop in auto sears and drop in auto connectors('lightning links') for AR15s. They knew that they only had until May 19, 1986 to get as many transferable machineguns into the Registry(NFTR-National Firearms Transfer Registry) as possible.
So, this limited supply of transferable machineguns that were manufactured and legally owned/registered before May 20, 1986 are available to transfer to anyone who is legal and lives in a state where machineguns are legal. The problem is, this limited supply of transferables has lead to unbelievably high prices for legally transferable machineguns. M11/9s and other 'MAC' type weapons that cost $150 in the 1970s and early 1980s now cost upwards of around $2000! Just think, in the 1970s or 1980s, these guns cost less than the $200 transfer tax you had to pay to register them with the BATF!! The supply of transferable machineguns has remained fixed since 1986, yet more and more people learn about the joys of owning and shooting legally-owned, transferable machineguns and thus the laws of supply and demand come into play. Of course in this case, the fixed supply is artificially fixed due to legislation (18 USC 922(o) to be exact).
By the way, this all started in 1934 with the National Firearms Act that made it so you had to register and pay a $200 tax to own a machinegun, silencer, short-barreled rifle or short-barreled shotgun. The tax is still the same-$200 to transfer a machinegun and you have to fill out and submit the required form (5320.4-also known simply as a 'form 4'). This form is submitted in duplicate with a $200 check for the tax payment, 2 recent passport-sized photos, fingerprints(on the proper FBI fingerprint card) and you must also get the signature of the local Chief Law Enforcement Officer(CLEO) in your area. This signature isn't an authorization from the local CLEO, only a certification that the CLEO knows of no reason that you should not legally own the NFA item(mg, silencer, short shotgun or short rifle) in question-basically that you are not a felon or a psycho. Once you get all of this together, you mail it in to the BATF(E) and wait for them to approve it. The fingerprints get sent off to the FBI for a background check(this takes the longest). Within 45 days to a year(or sometimes more), the form 4 will be approved and you can take possession of your new machinegun. The form will have a nice $200 tax stamp(looks like a postage stamp-but a lot more expensive).
Another note, in most states where machineguns are legal, the state law actually prohibits machineguns and says they are illegal-unless possessed in accordance with federal law.
For anyone who doesn't believe me, check out the ATF website at:
http://www.atf.gov/firearms/faq/faq2.htm#m
http://www-2.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/nfa_faq.txt