National Making a firearm not a “firearm”???

[d2the3]

To make it clear I am not seeking professional legal advice.

Long story short, I'm on possession of a rifle from my step moms side of the family that was brought back from WWII. Her son/my step brother has a drug related felony but after release got a legit job, bought a house and is back to being a contributing member of society. MIL recently died and I have no connection to this rifle other than it's cool and I'd like him to be able to have it as it has history with his family and would look good above the fireplace!

Does anyone know or can point me in a direction for information on the following: can a gun be professionally demilitarized and not be a "firearm" and if so could a prohibited person then be able to own?

Any help would be appreciated!

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[Joe13]

Can he apply to restore his firearm and voting rights?

I think the felony has to be maybe 10 years old but I'm no lawyer.

it would be a shame to destroy the gun to just be an art piece

 

[d2the3]

Can he apply to restore his firearm and voting rights?

I think the felony has to be maybe 10 years old but I'm no lawyer.

it would be a shame to destroy the gun to just be an art piece

I hear ya but as an heirloom for him I think it's worth it if possible. Doubt it's been shot since 1945 anyway. Just feel like if it's the only way for him to have something his grandpa brought back then it's worth it. Instead of it sitting in my safe until I die!

 

[Joe13]

I'd check with an ffl maybe @LuckySG woukd know?

 

[The Heretic]

Yes, it can be "demilled" legally making it not a firearm anymore.

How to Properly Destroy Firearms | Bureau of Alcohol, Tobacco, Firearms and Explosives

How to Properly Destroy Firearms What are ATF’s Acceptable Destruction Procedures? Use an oxy/acetylene torch (not band sawed) Must remove at least ¼ inch of metal per cut Must be made at angles and completely sever the receiver in at least 3 critical locations (specified by model) Acceptable...

www.atf.gov

You probably won't like the result though.

"Demilitarized" is something else altogether.

 

[Joe13]

You probably won't like the result though.

This is why I suggested looking into restoring his rights - depending on the felony and time it's been it could be fairly simple but I've never needed too, just know someone that did.

Talk to a lawyer- consults are generally free.

 

[LuckySG]

The wait for your rights to be restored can be considerably less time, I support the idea of solving the root cause issue. Other options can have risks.

 

[d2the3]

Yeah I'm hoping to make it permanently inoperable and still look the part and meet his legal requirements

 

[ColeInOregon]

Don't destroy it as the value to him will be far greater if can restore his rights and have the heirloom in its original and working condition. It takes a lot of time to accomplish, for me it was 10 years from the end of the sentence, and also a lot of hard work but it can be done. I can't think of any reason to destroy any firearm that is in a safe and working order, and the feeling of success for completing monumental life change and then being able to have your grandfather's rifle is priceless, no matter how long it takes. And lastly does he have kids or will he possibly have kids in the future, demilling now will mean that they and future generations are being robbed of great grandad's rifle.

 

[JuglansRegia]

Last time I checked, the ATF has a section on their website regarding demilling a firearm. Basically it involved making two cuts through the receiver with each cut removing at least 1/4" of material Machinegun Destruction | Bureau of Alcohol, Tobacco, Firearms and Explosives depending on what kind of firearm it is, there might the possibility of acquiring a dummy receiver that was never a firearm then mounting the rest of the parts to it.

 

[The Heretic]

Yeah I'm hoping to make it permanently inoperable and still look the part and meet his legal requirements

Per the ATF, to make it not legally a firearm, simply making it inoperable may not be enough - if it can be restored to operating condition, then it is still a firearm.

E.G., even if you welded the barrel shut, the barrel could be replaced (also, Demolition Ranch did a vid where they welded the barrel shut and the gun still fired).

 

[aknate]

Yes, it can be "demilled" legally making it not a firearm anymore.

How to Properly Destroy Firearms | Bureau of Alcohol, Tobacco, Firearms and Explosives

How to Properly Destroy Firearms What are ATF’s Acceptable Destruction Procedures? Use an oxy/acetylene torch (not band sawed) Must remove at least ¼ inch of metal per cut Must be made at angles and completely sever the receiver in at least 3 critical locations (specified by model) Acceptable...

www.atf.gov

You probably won't like the result though.

"Demilitarized" is something else altogether.

FYI:
Those guidelines are for IMPORT's only.
Not making a firearm no-longer operable or a non-firearm under ATF perview.
As long as it's not a MG it doesn't have to be cut. = just permanently inoperable...

 

[The Heretic]

FYI:
Those guidelines are for IMPORT's only.
Not making a firearm no-longer operable or a non-firearm under ATF perview.
As long as it's not a MG it doesn't have to be cut. = just permanently inoperable...

27 CFR § 478.11 | eRegulations

regulations.atf.gov

Permanently inoperable.

A firearm which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition. An acceptable method of rendering most firearms permanently inoperable is to fusion weld the chamber closed and fusion weld the barrel solidly to the frame. Certain unusual firearms require other methods to render the firearm permanently inoperable. Contact ATF for instructions.

---

Emphasis added mine.

 

[asiparks]

here's what we'd do in the UK: (note the specs on these kept getting updated- used to be you could field strip, insert magazines and dummy shells and cycle actions. Now actions are welded shut, triggers are welded into receivers with the rest of the FCG chucked away and the spaces filled with welded bar stock....)

this is for semi auto rifles- if anyone is interested, I can upload the specs for pistols etc...

 

[BDA.45]

I'm with the others, look into having his rights restored

 

[JuglansRegia]

We are talking about make a firearm legal for a convicted felon to posses without risk of getting thrown back in the can. If you chop the receiver into three pieces or use a non functioning dummy receiver that was never a "firearm" to begin with he should be good. Anything else is questionable unless you can back it up with some documentation. I understand you can do certain reversible things that will make it "inoperable" but for legal purposes it is still a firearm. Kind of like a convicted felon having a stripped AR15 receiver in his sock drawer, it might not be functional but its still a gun in the eyes of the law.

 

[DLS]

What type of rifle is this? It could have significant historical or collector value, but not if it's destroyed or demilled!

 

[d2the3]

What type of rifle is this? It could have significant historical or collector value, but not if it's destroyed or demilled!

It's Japanese, I'm sure it's worth something to someone, but if it's sold it's gone. I'll talk to him and look into what it take to get his rights back.

 

[slingshot1943]

I heard one time that after 15 years on a nonviolent felony Oregon will restore rights. Long time since I heard this?

 

[Joe13]

I heard one time that after 15 years on a nonviolent felony Oregon will restore rights. Long time since I heard this?

Idk about OR but in WA I'm fairly sure you have to petition to get your rights back, they won't do it automatically.