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  • dfletcher
    I need a LIFE!!
    • Dec 2006
    • 14799

    Mas 49/56

    Let's make this a hypothetical question.

    A CA resident with a Federal C & R Collector FFL license purchased (mail order from out of state) an unaltered MAS 49/56 - complete with FH & grenade launcher. This purchase was made not knowing the rifle violated CA AW law.

    1) Does altering the rifle by removing the FH & launcher result in the rifle no longer being a C & R?

    2) If so, has a violation of FEDERAL law occured? That is, is altering a C & R after the transaction occured, in a way that results in the firearm no longer being C & R eligible, a violation of federal law?

    3) If subsequently altered to comply with CA law, can CA prosecute under the theory the rifle was UNALTERED to comply with Federal law and be C & R eligible, and being unaltered meant the rifle violated CA law at the time it entered the state?

    I note that some SKS rifles are made CA compliant by removal of FH.

    Let's for the sake of discussion say the rifle can not be documented as greater than 50 years old and that the FH & launcher modifications are permanent.
    GOA Member & SAF Life Member
  • #2
    smle-man
    I need a LIFE!!
    • Jan 2007
    • 10584

    My guess would be that if the person took possession of the rifle in California whilst it wore the FH and grenade launcher range ring then it is a violation of the law. Removing those items will stop a continuing violation but the original violation cannot be erased. If you are concerned it is best to consult an attorney.

    Comment

    • #3
      slowjonn
      Senior Member
      • Oct 2005
      • 965

      The MAS has a muzzle brake, not a flash hider. If it were me, I would remove the grenade launcher and get rid of it, stop worrying and enjoy my rifle.

      Comment

      • #4
        smle-man
        I need a LIFE!!
        • Jan 2007
        • 10584

        Originally posted by slowjonn
        The MAS has a muzzle brake, not a flash hider. If it were me, I would remove the grenade launcher and get rid of it, stop worrying and enjoy my rifle.
        It is a combo flash hider, muzzle brake, and grenade launcher. The ring is a ranging ring and determines how far or not the grenade will go. The FH has a groove in which fits a spring that retains the grenade in place until it is fired. The FH is the correct diameter to hold and launch NATO standard rifle grenades. In combination with the range ring and gas cut-off the FH is part of launching system. You have to remove the FH and ring to eliminate the launching feature. If you remove the FH and replace it with a muzzle brake of larger diameter than the original FH then you no longer have a GL on your 49/56.

        Comment

        • #5
          slowjonn
          Senior Member
          • Oct 2005
          • 965

          Smle-man, Just curious as to your source regarding it being a flash hider and not a muzzle brake? I'm not an expert on these but everything I have ever read on them refers to it as a muzzle brake or compensator, not a flash hider. Thanks

          Comment

          • #6
            smle-man
            I need a LIFE!!
            • Jan 2007
            • 10584

            Originally posted by slowjonn
            Smle-man, Just curious as to your source regarding it being a flash hider and not a muzzle brake? I'm not an expert on these but everything I have ever read on them refers to it as a muzzle brake or compensator, not a flash hider. Thanks

            I got my information from the "Guide Technique Fusil Semi-Automatique De 7.5mm Modele 1949-56 (FSA 49-56) Fusil Semi-Automatique De 7.5mm Modele 1949-56 Modifie Saint-Etenne (FSA 49-56 M.S.E.) Edition n. 3 Date d' edition: 1974. The muzzle device is listed as a Manchon cache-flammes or a 'flame hiding sleeve' or flash hider. Also "Proud Promise" by Jean Huon (published by Collector Grade Publications). This is the history of French semi auto rifles from 1898 to 1979. He refers to the early and late series muzzle devices as a grenade launcher/flash hider on page 136 and 137. So, this rifle has the California whammy of a flash hider that triples as a grenade launcher and the bayonet mount. Get rid of this flash hider and your troubles are over.

            Comment

            • #7
              slowjonn
              Senior Member
              • Oct 2005
              • 965

              Interesting. Thanks for the info.

              Comment

              • #8
                Dump1567
                Senior Member
                • Sep 2002
                • 1621

                He refers to the early and late series muzzle devices as a grenade launcher/flash hider on page 136 and 137.
                True, but on page 131 under Nomenclature & further down in description, it's referred to as a muzzle brake. And on page 149, it shows a "special flash hider" that can slipover the muzzle for "night shooting".

                I feel pretty safe calling it a muzzle brake, but it will be whatever the so called "court expert" deems it to be at pre-lim & trial.
                Watch & Pray

                Comment

                • #9
                  Dump1567
                  Senior Member
                  • Sep 2002
                  • 1621

                  I don't think it would be that hard to convert this to a fixed ten rounder and just top load. Once the grenade laucher ring was gone, the questionable FH would be a non-issue.
                  Watch & Pray

                  Comment

                  • #10
                    smle-man
                    I need a LIFE!!
                    • Jan 2007
                    • 10584

                    Originally posted by Dump1567
                    True, but on page 131 under Nomenclature & further down in description, it's referred to as a muzzle brake. And on page 149, it shows a "special flash hider" that can slipover the muzzle for "night shooting".

                    I feel pretty safe calling it a muzzle brake, but it will be whatever the so called "court expert" deems it to be at pre-lim & trial.
                    I imagine the DOJ or ATF would use the French manual as the authority on this if they cared to go that far.

                    Comment

                    • #11
                      fal_762x51
                      Veteran Member
                      • Nov 2005
                      • 2713

                      to convert this to a fixed ten rounder and just top load
                      Why would you want to do that? Without the nade launcher it would be the MAS 49 model, legal with detachable magazines.
                      sigpic

                      Antelope Valley grown, now State of Jefferson transplant.

                      Comment

                      • #12
                        Dump1567
                        Senior Member
                        • Sep 2002
                        • 1621

                        Originally posted by fal_762x51
                        Why would you want to do that? Without the nade launcher it would be the MAS 49 model, legal with detachable magazines.
                        Are you even reading this thread?

                        We're discussing the legalities of the muzzle brake / flash hider. If you fixed the mag, the MB or FH would be a moot point. And simply removing the grenade launcher ring wouldn't make it a Mas 49.


                        Mas 49



                        Mas49/56
                        Watch & Pray

                        Comment

                        • #13
                          fal_762x51
                          Veteran Member
                          • Nov 2005
                          • 2713

                          I'm talking about taking the whole thing off.
                          sigpic

                          Antelope Valley grown, now State of Jefferson transplant.

                          Comment

                          • #14
                            smle-man
                            I need a LIFE!!
                            • Jan 2007
                            • 10584

                            removing the flash hider and range ring would drop the rifle from AW status.

                            Comment

                            • #15
                              smle-man
                              I need a LIFE!!
                              • Jan 2007
                              • 10584

                              Originally posted by Dump1567
                              Are you even reading this thread?

                              We're discussing the legalities of the muzzle brake / flash hider. If you fixed the mag, the MB or FH would be a moot point. And simply removing the grenade launcher ring wouldn't make it a Mas 49.


                              Mas 49



                              Mas49/56
                              I've been thinking of having a gunsmith spot weld the hinge point on the magazine of my 49/56 so I can deregister it. That way no heat is applied to the receiver compared to if the magazine was welded to it.

                              Comment

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