Hey guys,
I have a question on the FCG that came in the Colt SP1. Serial # is SP1104XX....not sure when it was made. I was able to fondle this older Vietnam looking AR-15 for a bit and the owner claimed it was Semi only (out of state). I believed him, but wanted to take a closer look. Upon inspection, I found it had a Full Auto FCG! I told him, "Whoa, what do you have going on here?!?!" and asked him if he or any previous owner had changed anything out since the Factory purchase....he said, "no, back then they came that way". I then continued to inspect it. I found that the selector would indeed move into the third position, and it was properly milled out like the 3 position selectors are. When I flipped it into the unmarked "auto" 3rd position, it indeed pushed down the disconnector out of engagement of the hammer. I also saw that it had the full auto hammer with the "sear catch" on the back of the hammer's head. When I had the upper removed, I was able to move the selector into the third position, hold down the trigger and move the hammer back and forth freely WITHOUT it clicking and stopping (not requiring the trigger to be pressed to release the hammer). Indeed, this was a correct and functional Full Auto FCG.
Now the strange part was that there was ABSOLUTELY NO autosear or lightning link. The shelf was a "low shelf" lower with no "Colt block" installed. It didnt look as if anything had ever been installed and taken out either. It appeared that an auto sear **could** fit without milling anything out (this is common with many/most lowers today). There was also NO hole drilled into the lower for the auto sear to be installed. Then, I noticed the carrier was the semi-auto Colt SP1, not a full auto BCG.
Doing some more testing, I found that when I had the selector in the semi mode and no magazine installed, I could pull back the charging handle and let it go forward, and it would go back into battery ready to be fired. However, when the selector was moved into the third position, disabling the disconnector, I tried racking back the BCG and releasing it, but the BCG would stop half way in the upper receiver as if it was being blocked by something. Essentially, only in the semi position would the carrier return to battery.
So my conclusion was this: It was not a machine gun per the BASIC definition.....IE - it would only fire one shot per pull of the trigger, Constructive Possession issues aside.
Now for the legal question: Given that this gun is in it's factory condition with no change out of a semi FCG to a full auto FCG, having no auto sear and having a semi auto only carrier.......would this be legal with no possible issues of being charged with Constructive Possession of a Machine Gun? My (limited) understanding of CP is that you must have ALL of the parts to make a Machine Gun, SBR, SBS, etc, in order to be successfully prosecuted for CP. I understand that they may try to charge you (so why bother, right?), but that it couldn't hold up in court. I have heard of many HK's having both a full auto carrier plus full auto FCG's, but only fire in semi auto mode and no one gets in trouble for these......why then would AR's be any different? I guess what i'm wondering is, since the gun is semi auto (so it doesnt need to be registered with the ATF), how can owners of once lawfully purchased rifles be prosecuted for having this? You'd think if they banned them that they would grandfather in the ones that had already been purchased and register them to the owners.
Just curious...
Thanks.
I have a question on the FCG that came in the Colt SP1. Serial # is SP1104XX....not sure when it was made. I was able to fondle this older Vietnam looking AR-15 for a bit and the owner claimed it was Semi only (out of state). I believed him, but wanted to take a closer look. Upon inspection, I found it had a Full Auto FCG! I told him, "Whoa, what do you have going on here?!?!" and asked him if he or any previous owner had changed anything out since the Factory purchase....he said, "no, back then they came that way". I then continued to inspect it. I found that the selector would indeed move into the third position, and it was properly milled out like the 3 position selectors are. When I flipped it into the unmarked "auto" 3rd position, it indeed pushed down the disconnector out of engagement of the hammer. I also saw that it had the full auto hammer with the "sear catch" on the back of the hammer's head. When I had the upper removed, I was able to move the selector into the third position, hold down the trigger and move the hammer back and forth freely WITHOUT it clicking and stopping (not requiring the trigger to be pressed to release the hammer). Indeed, this was a correct and functional Full Auto FCG.
Now the strange part was that there was ABSOLUTELY NO autosear or lightning link. The shelf was a "low shelf" lower with no "Colt block" installed. It didnt look as if anything had ever been installed and taken out either. It appeared that an auto sear **could** fit without milling anything out (this is common with many/most lowers today). There was also NO hole drilled into the lower for the auto sear to be installed. Then, I noticed the carrier was the semi-auto Colt SP1, not a full auto BCG.
Doing some more testing, I found that when I had the selector in the semi mode and no magazine installed, I could pull back the charging handle and let it go forward, and it would go back into battery ready to be fired. However, when the selector was moved into the third position, disabling the disconnector, I tried racking back the BCG and releasing it, but the BCG would stop half way in the upper receiver as if it was being blocked by something. Essentially, only in the semi position would the carrier return to battery.
So my conclusion was this: It was not a machine gun per the BASIC definition.....IE - it would only fire one shot per pull of the trigger, Constructive Possession issues aside.
Now for the legal question: Given that this gun is in it's factory condition with no change out of a semi FCG to a full auto FCG, having no auto sear and having a semi auto only carrier.......would this be legal with no possible issues of being charged with Constructive Possession of a Machine Gun? My (limited) understanding of CP is that you must have ALL of the parts to make a Machine Gun, SBR, SBS, etc, in order to be successfully prosecuted for CP. I understand that they may try to charge you (so why bother, right?), but that it couldn't hold up in court. I have heard of many HK's having both a full auto carrier plus full auto FCG's, but only fire in semi auto mode and no one gets in trouble for these......why then would AR's be any different? I guess what i'm wondering is, since the gun is semi auto (so it doesnt need to be registered with the ATF), how can owners of once lawfully purchased rifles be prosecuted for having this? You'd think if they banned them that they would grandfather in the ones that had already been purchased and register them to the owners.
Just curious...
Thanks.
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