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Deactivated MP40

Article about: I have been offered a deactivated MP40. I am in the United States and I was reading some mixed information on them regarding legal possession of one. Does anyone have any insight on it?

  1. #1
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    Default Deactivated MP40

    I have been offered a deactivated MP40. I am in the United States and I was reading some mixed information on them regarding legal possession of one. Does anyone have any insight on it?

  2. #2

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    I think they are still considered a Class 5 weapon even if deactivated-you probably want to check ATFs web site for more info as I don't profess to be an expert.

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    Even if it is deactivated and Totally non-fireable, it Still must be Registered. If it is a vet bring back, then it was given up until 1968 to register them and after that, if they were still Not registered, it would be illegal to own one under any circumstances and it would be seized and the holder likely charged in a Federal Court with a Class 5 Federal Felony. So, if they do Not have registration papers, do not even Touch one(For God's sake, do Not get your fingerprints on it. If it was seized down the road sometime and your prints are found on it-guess what?)-don't even be in the same Building with one as they are Illegal and will Stay illegal forever. They cannot be registered and made legal if they have no papers. Period. A Deactivated Non-registered firearm is the Same as owning a Fully active and fire-able gun.
    William

    "Much that once was, is lost. For none now live who remember it."

  4. #4
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    Great information William. I will stay away from this one and not even handle it if it's not registered. If it's registered, what are the guidelines to your knowledge? Just for your info, I will pass on this opportunity. I love my freedom

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    As a point of interest, this article goes into some depth about fingerprints on firearms SCAFO Online Articles and may be of use to some here?

    Regards, Dan
    " When you're chewing on life's gristle, don't grumble, give a whistle "

  6. #6

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    Considering the penalty for the Class 5's are up to a $10,000 fine and max of 10 years in Federal prison, probably a good idea. If they Do have papers, then it can be done, but it's abit complicated. Deacts are included under "Curio and Relic" firearms and are Still under the GCA laws, so you would need to first contact a Class III firearm dealer and go through the meat grinder of getting permits, paying the registration transfer fee(something like $200 the last I checked-and that's for Every time the gun changes hands, by the way)., the whole trip-the same as a fully active gun, pretty much.
    The trouble is, Americans are too good at re-activating dewat guns! Even if we need to completely machine out a brand new receiver or barrel, etc, American's will get it done and Voila! A Browning machine gun is firing again! And this is pretty much why the ATF is so terrified at letting people even own a Dewat machine gun or machine pistol. We can Fix them! lol
    William

    "Much that once was, is lost. For none now live who remember it."

  7. #7
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    Quote by Wagriff View Post
    Even if it is deactivated and Totally non-fireable, it Still must be Registered. If it is a vet bring back, then it was given up until 1968 to register them and after that, if they were still Not registered, it would be illegal to own one under any circumstances and it would be seized and the holder likely charged in a Federal Court with a Class 5 Federal Felony. So, if they do Not have registration papers, do not even Touch one(For God's sake, do Not get your fingerprints on it. If it was seized down the road sometime and your prints are found on it-guess what?)-don't even be in the same Building with one as they are Illegal and will Stay illegal forever. They cannot be registered and made legal if they have no papers. Period. A Deactivated Non-registered firearm is the Same as owning a Fully active and fire-able gun.
    Now wouldn't that be the issue if it is a DEWAT? But if it is a parts kit that was built on a dummy receiver he would be good to go. There are no laws for using a parts kit and building a display model. Now I am talking about a totally non functioning firearm. Now I used to be up on the ATF rulings but have not looked at them in the past couple of years and I know that some rulings have changed.So PLEASE correct me if I am wrong.
    Semper Fi
    Phil

  8. #8
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    Well William, everything makes sense to me. Sounds like a big hassle and liability to introduce one into a collection as a display. It is a shame that this historic item will probably be scrapped at some point. Looks like its in great shape...from the photo.

  9. #9
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    Anzel,
    Is it a DEWAT(DEactivated WAr Trophy) or a display model built with parts?

    SF
    Phil

  10. #10
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    Deactivated/decommissioned as the seller put it.

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