Dewat question

[turnandshoot4]

I have found a MG that was dewatted by welding the barrel with a rod inside.. I was wondering if this could be registered as a machine gun? It says it's on a form 5 but I can't seem to figure out what a form 5 is.

 

[Cwood]

From the NFA handbook

10.1.5 DEWATS. Deactivated War Trophy (DEWAT) firearms are still firearms under the NFA, but
have been rendered unserviceable (i.e., incapable of discharging a shot by means of an explosive and
incapable of being readily restored to a firing condition). The deactivation may have been accomplished
by various means such as (but not limited to) welding of the chamber, cutting the barrel/chamber/breech,
plugging the barrel, welding the bolt to the chamber, or some combination of these actions which
rendered the firearm incapable of firing a shot.
Regardless of being unserviceable, the DEWAT firearm must be registered and approved for transfer as
any other NFA firearm. The process to transfer a DEWAT is set forth in §479.90. Because the
DEWAT is unserviceable, it is transferred tax-exempt as a curio or ornament on an ATF Form 5. The
Form 5 must identify the transferee and transferor, FFL/SOT, any importer, type, model, caliber, overall
length, gauge, size, serial number or other marks of identification. Additionally, the transferor must
check the block in item 1 of the Form 5 indicating the unserviceable status of the firearm and answer
item 4(i) confirming how the firearm has been rendered unserviceable.

10.1.5.1 Reactivation of DEWATS. Deactivated War Trophy (DEWAT) firearms may be
returned to a serviceable condition. A DEWAT that has been returned to a serviceable condition
(or reactivated) is often referred to as Reactivated War Trophy (REWAT). The act of returning a
DEWAT to a serviceable condition is considered the “making” or “manufacturing” of a firearm
by ATF. The procedures for reactivation by a non-FFL or FFL with other than a manufacturer’s
SOT status or with no SOT status on Form 1 are found in section 6.6 of the handbook. The
procedures for reactivation by an FFL with SOT status as a manufacturer are found in section
7.3.3 of the handbook.

I am going to say it being a machine gun that it can not be reactivated.

 

[curraheeguns]

I believe If it is currently on a Form 5 it should be able to be REWAT'd for a $200 manufacturing fee on a Form 1 because it is a registered machine gun currently even though it is a DEWAT.

Then if it is ever sold it will go back to a normal form 4 to the new owner as a MG.

Sometimes DEWATS can be had for a steal, but sometimes they are cost prohibative to REWAT.

 

[turnandshoot4]

Hmmmmmmmmm. That makes it clear as mud.

The problem is this COULD be a $6,500 WWII era MG.

Or this COULD be a $6,500 wall hanger.

From what I can tell the barrel was welded. I could get it running again for under $1k. It would still save me $10,000.

 

[curraheeguns]

Hmmmmmmmmm. That makes it clear as mud.

The problem is this COULD be a $6,500 WWII era MG.

Or this COULD be a $6,500 wall hanger.

From what I can tell the barrel was welded. I could get it running again for under $1k. It would still save me $10,000.

My suggestion would be to make an offer contingent on a qualified an expirenced expert inspecting it first (like Frank at AMA in Hagerstown) for a ball park quote on the REWAT.

He is at almost every Indy 1500 and if you are going to possibly hire him for the work would probably give you a ball park quote for free. (my guess)

 

[turnandshoot4]

Would you suggest giving the ATF a call? They have always been helpful to me but they have gone back on previous statements before (cough*akins*cough).

I just can't get these laws figured out.

I already have a parts gun with the parts I need.

The main issue here is can you turn a DEWAT or REWAT into a MG?

 

[curraheeguns]

ATF already answered your question.

10.1.5.1 Reactivation of DEWATS. Deactivated War Trophy (DEWAT) firearms may be
returned to a serviceable condition. A DEWAT that has been returned to a serviceable condition
(or reactivated) is often referred to as Reactivated War Trophy (REWAT). The act of returning a
DEWAT to a serviceable condition is considered the “making” or “manufacturing” of a firearm
by ATF. The procedures for reactivation by a non-FFL or FFL with other than a manufacturer’s
SOT status or with no SOT status on Form 1 are found in section 6.6 of the handbook. The
procedures for reactivation by an FFL with SOT status as a manufacturer are found in section
7.3.3 of the handbook.

REWATing a DEWAT is considered "manufacturing" in the sense you owe them $200, but not in the sense that you are building a machine gun after 1986 because it was placed in the registry as a machinegun prior to the registry closing.

 

[chuckp]

I would also recommend what Corey said. Frank of AMA has done a lot of rewating of dewats and he can fill you in with any questions involved in paperwork and what needs to be done to be legal. I have seen some of the guns that he has rewated and he knows what to do.

Chuck

 

[Slow Hand]

Yep, get ahold of Frank. He's one of the best machinists I've known and he really knows his stuff about older MG's and ATF's maze of rules.

 

[VUPDblue]

I have nothing to add except that everyone who has posted in this thread is spot-on (chuckp, curraheeguns, cwood,) and offering terrific advice.

 

[VUPDblue]

I have nothing to add except that everyone who has posted in this thread is spot-on (chuckp, curraheeguns, cwood,) and offering terrific advice.

Well crap I didn't see Cwood's addition to the NFA handbook quote. That being said, Cwood is incorrect. DEWATed machineguns may be REWATTED to a serviceable machinegun via a Form1 and $200 tax paid.

 

[CarmelHP]

I believe If it is currently on a Form 5 it should be able to be REWAT'd for a $200 manufacturing fee on a Form 1 because it is a registered machine gun currently even though it is a DEWAT.

Then if it is ever sold it will go back to a normal form 4 to the new owner as a MG.

Sometimes DEWATS can be had for a steal, but sometimes they are cost prohibative to REWAT.

I concur.