Fred, making your own MG means you didn't buy one, which "affects interstate commerce". That was the gist of the original Stewart decision. The fed court drew the line on what "affects" IC in Stewarts favor.Originally Posted by Fred324
Actually, a little known decision from the fed circuit court that covers Indiana says that new made machine guns can't be prosecuted under the NFA (as tax evasion) since the '86 ban pretty much eliminated that tax on new made MGs. If they won't accept your money due to the ban, they can't try to collect it or prosecute you for failing to pay it. Nobody has ever bothered to appeal it, so in this state at least the NFA tax and registration provisions of the GCA '68 don't apply to post-'86 machine guns. The '86 ban still does, so if anybody can get a favorable "Stewart type" decision through that same circuit court, homemade MGs in this area would be legal under Fed law. Unfortunately, Indiana outright bans machine guns under state law. It is a "positive defense" if one has Federal paperwork to own one, which is why we can have registered MGs here. Another state in this circuit that doesn't outright ban them might have a chance though.
My idea is to sidestep all this by coming up with a means to fire a rifle rapidly while NOT falling under the legal definition of a machine gun. The PROPER way to go about this would be to have a legal MG manufacturer (type 07 FFL/SOT) make such a device and ask ATF for a Ruling. If they said it is an MG, there are various appeals that could be made. All this would be legal and above board. It doesn't matter one bit if it functions exactly like a machine gun, what matters is if it functions like the LAW says a machine gun functions.
And there is always the possibility they might say it's not an MG, or at least some Judges might. Never know until you try. If Thompson/Center had just accepted ATFs SBR ruling on their convertible handgun/carbine kits instead of taking them to court, we would not have any of the cool carbine/handgun conversions available today.