Question

[Guest benchpresspower]

I was at work today and a co worker of mine told me that he might be getting an MP40 this weekend. His wife's grandmother recently passed away and they are dividing up belongings and what knot. He told me that his wife's grandfather had been in WWII and had gotten ahold of an MP40 and had it sent back home. Long story short, it has been sitting in the home for over 60 years now and he was wondering the legalities if he were to take possession of it. Could someone clear that up for me? Thanks.

[Guest bkelm18]

I'm pretty sure that falls into the category of "Illegal as hell". It's my understanding that you can't register a non-registered machine gun. But I could be wrong.

[Guest bkelm18]

Yeah that's one of those things that you make disappear and never speak of again. Nice piece of history but definitely not worth the prison time.

[Guest jackdm3]

So is the problem that it's Nazi or that it's FULLY AUTO BADASS!?!

[setsdw]

It would be considered a C&R gun and not just a regular NFA item so some different rules apply. I have a friend that had the same thing happen except it was an MG34 (no freaking kidding). Not sure what he had to do but it is legally his now.

[setsdw]

Correction. I just found out that his gun was registered prior to his transfer (back in the 60's). May not be much hope for the MP40 then.

[Guest jackdm3]

This is nice, huh?!

photo [Mp40.nl]

[Guest benchpresspower]

Thanks guys. I wasn't sure but had a feeling that it was illegal. He had mentioned selling it, told him that he could be facing prison time for just having it and trying to sell it would up the ante even more.

[setsdw]

Saddest thing is that it's a piece of history with a family connection. I know the stuff my grandpa brought back is priceless to me.

[RoDan]

but it was lost in a boating accident wasn't it?

[TripleDigitRide]

You can probably expect a knock at the door pretty soon. Men who wear black suits and dark sunglasses will be taking you away.

[Garufa]

Advise friend to look high and low for any kind of registration papers. Also advise to never speak of it again to anyone.

BTW, yes an MP40 is C&R but NFA rules still apply.

[Guest benchpresspower]

would it be illegal if for some reason a part was missing to make it inoperable....hint...hint.. it may fit in the law as a collectable? if it wouldnt fire

I mentioned that to him, don't think it ever crossed his mind lol.

[Garufa]

Missing parts does not make it inoperable...drastic measures like cutting or welding make something DEWAT or demilled.

[setsdw]

Yeah I've seen the way they demil those things. Cutting torches across the receiver, plugs welded in. It makes me shudder. It's like thinking about fingernails on a chalkboard

[setsdw]

Advise friend to look high and low for any kind of registration papers. Also advise to never speak of it again to anyone.

BTW, yes an MP40 is C&R but NFA rules still apply.

Yeah you never know. It may have been registered many years ago. I wonder if there is a way to run the serial number and check it?

[BimmerFreak]

OP:

That firearm is more than likely about 900% in violation of the NFA.

Feel free to contact me privately and I can explain your friends options for dealing with the MP40 in a very legal manner.

[Guest jackdm3]

At least all is not lost.

[Raoul]

Sometimes it's best just to not ask questions.

[Jasongar8]

OP:

That firearm is more than likely about 900% in violation of the NFA.

Feel free to contact me privately and I can explain your friends options for dealing with the MP40 in a very legal manner.

Best piece of info in this whole thread.

It could have been registered but I doubt it. You can check with BATFE to see if it is in the registry. You have a few options if it isnt (donate to a museum, demil and sale as a parts kit), either way you will eventually need the help of a O7/SOT (Joe @Hero Gear).

[Guest bkelm18]

Well, if you call the BATFE to ask if it's in the registry or not, and they say no, isn't that kinda tipping them off that you've got something that should be registered but isn't?

[TripleDigitRide]

OP:

That firearm is more than likely about 900% in violation of the NFA.

Feel free to contact me privately and I can explain your friends options for dealing with the MP40 in a very legal manner.

Based on the information given by the OP, is there any legal options to keep the MP40? Or just legal options to get rid of it without getting in trouble with BATFE?

[Jasongar8]

This bull$hi+ reeks!

What?

[Guest jackdm3]

That we should have to hide such a thing! I mean we're talking about a fully auto that's so old it doesn't have papers. So someone needs to get some papers, and the feds need to give him his papers, if eligible. This reeks of HUGE government meddling. Isn't there some sort of grandfathering thing allowed after a background check? Nobody's answered my questions about what the deal is. Not having a class III, nor expecting to need one, I'm not schooled on the ins/outs on this.

[Jasongar8]

That we should have to hide such a thing! I mean we're talking about a fully auto that's so old it doesn't have papers. So someone needs to get some papers, and the feds need to give him his papers, if eligible. This reeks of HUGE government meddling. Isn't there some sort of grandfathering thing allowed after a background check? Nobody's answered my questions about what the deal is. Not having a class III, nor expecting to need one, I'm not schooled on the ins/outs on this.

If its not in the registery then there is no way he can keep the gun. All machine guns that civilians can own had to be in the system before 19 May 1986. Anything after that or that wasnt ever registered before then is contraband in civilian hands. The gun can either be donated to a museum, demilled and turned into a parts kit to be sold, or made into a post 86 dealers sample. I know it sucks but thats how it is.