DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS WASHINGTON, DC 20226 AUG 14 1997 E:CE:FT:CHB 3311 Dear Mr. : This refers to your letter of July 10, 1997, in which you ask about an HK-91 semiautomatic rifle which had been converted into a machinegun and then converted back to semiautomatic configuration. As defined in section 5845(b) of Title 26, United States Code, the term "machinegun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a. weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person. An HK-91 rifle which shoots automatically is a machinegun as defined. A "Fleming" HK auto sear which is designed and intended for use in converting a semiautomatic HK firearm to shoot automatically is a machinegun. An HK receiver having a receiver designed to accept a "push pin" grip housing is a machinegun. Various other modifications or combinations of parts could also meet the definition of a machinegun. You advise that you had an HK-91 rifle converted into a machinegun with a registered "Fleming" registered sear. The model designation was remarked "G3" and "Fleming Firearms" was marked on the receiver. The receiver was not modified and still requires a semiautomatic "clip on" grip housing. You sold the firearm with the G3 bolt carrier, but retained the registered sear. -2- If the receiver had not been modified, the mere fact that the receiver was marked with the "G3" machinegun model designation would not place the receiver within the definition of a machinegun. However, such marking would likely constitute reasonable cause for any law enforcement officer to believe that the weapon may be a machinegun. Installation of a "Fleming" HK auto sear normally requires modification of several components and several additional parts. The grip housing needs to be modified to permit the selector to move to the automatic position. The trigger stop needs to be removed from the inside of the trigger housing. A machinegun hammer, bolt carrier, and trip lever need to be installed. Once modified, the weapon may still be capable of automatic fire even if the "registered sear" is removed. Further, the modified components could constitute a combination of parts designed and intended for use in converting a weapon into a machinegun. In order to ensure that the weapon would not meet the definition of a machinegun, all machinegun parts and modified parts should be removed and all original unmodified semiautomatic parts should be re-installed. The modified parts and additional parts should be retained with the "registered sear." In addition, restoring the firearm back to semiautomatic configuration could result in a violation of Sections 922(r) and 922(v) of Title 18, United States Code. Section 922(r) provides that it shall be unlawful for anyone to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under Section 925(d)(3) of this chapter as not being particularly suitable or readily adaptable to sporting purposes... Except as provided in Section 922(v) it shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon. we are enclosing information concerning Sections 922(r) and 922(v) for your information. -3- If the barrel of the rifle was less than 16 inches in length or if the overall length is less than 26 inches, the firearm would still be subject to the provisions of the National Firearms Act (Title 26 United States Code, Chapter 53). In order for us to render any final opinion regarding the status of the firearm, we would need to examine it. We trust that the foregoing has been responsive to your inquiry. If you have further questions concerning this matter, please contact us. Sincerely yours, [signed] Edward M. Owen, Jr. Chief, Firearms Technology Branch Enclosures