Does MG trump DD?

[Slow Hand]

Make fun of me if you want, but I was watching Sons of Guns tonight with the Oerlikon. It's a full auto 20mm AA gun. I know the MG trumps SBR (I have a 13" AC556), but does the same hold true on a DD? Just curious.

 

[shooter521]

GOOD question.

I think DD and MG both trump everything else, but are themselves equals. Thus, if you lived in a state that allowed machine guns but didn't allow large-bore DDs (is there one?), you couldn't own an Oerlikon or Mk19. And if you had a large-bore DD that was semi-auto, you still couldn't convert it to full-auto due to the ban on manufacturing MGs.

MHO, IANAL, etc.

 

[ryknoll3]

Machine gun does NOT trump DD.

Part of the definition of a destructive device:

(2) Any weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter (.50 inches or 12.7mm), except a shotgun or shotgun shell which the Secretary[clarification needed] finds is generally recognized as particularly suitable for sporting purposes;

Because a DD is defined as a weapon by whatever name known, it would include machine guns. Because the gun can fire more than one round per pull of the trigger, it's still a machine gun. An Oerlikon would be a 2-stamp gun.

The reason that it is said that a machine gun "trumps" SBR is because a machine gun is not considered a rifle, even if it is a shoulder-fired weapon. Because it's not a rifle, it's not bound by the barrel length limits of a rifle.

 

[amafrank]

A large bore machinegun such as the Oerlikon on that worse than useless show will transfer as a machinegun. Nothing trumps anything else...they are what they are. According to friends in ATF the gun will be listed in the registry as an MG/DD but it will transfer just like your AC556 so you can legally own it in Indiana and it will transfer through a regular class 2 or 3. You don't need a DD Dealer/Mfg to do the transfer. There are a number of large bore MG's out there. I've fired a few of them myself and have friends who own or have owned them. None of them were DD dealers and all transferred as MG's.

MG 151/20 is a Mauser 20mm belt fed MG. A friend had a couple of them and they were really cool. Look them up on google and maybe on youtube. I think my buddies guns are in some vids there. There is also a 40mm Bofors that the idiot from FPS russia did some vids with. That one is an MG as well....belonged to a friend. I know of a number of guys who have Oerlikons or Hispano-Suiza guns in 20mm. I have some DD's that aren't MG's but that doesn't really relate...they are DD's.

Frank

 

[ryknoll3]

A large bore machinegun such as the Oerlikon on that worse than useless show will transfer as a machinegun. Nothing trumps anything else...they are what they are. According to friends in ATF the gun will be listed in the registry as an MG/DD but it will transfer just like your AC556 so you can legally own it in Indiana and it will transfer through a regular class 2 or 3. You don't need a DD Dealer/Mfg to do the transfer. There are a number of large bore MG's out there. I've fired a few of them myself and have friends who own or have owned them. None of them were DD dealers and all transferred as MG's.

MG 151/20 is a Mauser 20mm belt fed MG. A friend had a couple of them and they were really cool. Look them up on google and maybe on youtube. I think my buddies guns are in some vids there. There is also a 40mm Bofors that the idiot from FPS russia did some vids with. That one is an MG as well....belonged to a friend. I know of a number of guys who have Oerlikons or Hispano-Suiza guns in 20mm. I have some DD's that aren't MG's but that doesn't really relate...they are DD's.

Frank

Though they may transfer as MG's, are they still 2-stamp guns?

 

[Slow Hand]

Doesn't sound like it.

Thanks for chiming in, Frank! I know SoG is a worthless show, and even my wife laughs at me for watching (and yelling at) it, but it's about the only 'gun' show we get on our limited TV package.

 

[amafrank]

Though they may transfer as MG's, are they still 2-stamp guns?

They transfer as MG's because they are MG's. There is only one tax paid because they are MG's. As far as the DD part they are only noted as DD's in the records at NFA to show they are over .50 cal. They are not considered DD's for transfer purposes mainly because they are MG's.

Not too clear I realize but remember who you're dealing with. The govt who can't figure out that a shoestring is not an MG but classifies it as such.

Frank