Transferable Fleming Sear in HK94/MP5 Host Question
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Thread: Transferable Fleming Sear in HK94/MP5 Host Question

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    Default Transferable Fleming Sear in HK94/MP5 Host Question

    So there’s a an HK94 to MP5 conversion on GB with a Fleming sear that’s intrigued me. In questioning the owner the sear is NOT “married” to the gun and hence can be moved to multiple guns and is on Form 3. In regards to the gun, according to the owner/lister, it will transfer like a pistol or title 1 firearm. That has me scratching me head. There’s no way a rifle converted to SBR can then permanently become a pistol. In my thinking, and please tell me if I’m wrong, if it’s not married to the sear the gun would have to transfer on a Form 3 as well. The auction ends today and I thought I’d ask, here’s the link.
    https://www.gunbroker.com/item/837191989

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    Completely agree with your conclusion. If it is originally a Factory 94 and it is a short barrel, it must be an SBR and cannot become a pistol. Thus never a Title 1 gun unless the barrel is replaced with a 16” one.


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    Thanks for the confirmation Veritas. The guy has over 5k positive feedback, so I was hesitant to tell him/her they’re incorrect...lol...I’m sort of window shopping sears, I’ll keep looking.

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    Question

    Quote Originally Posted by veritas View Post
    If it is originally a Factory 94 and it is a short barrel, it must be an SBR and cannot become a pistol.
    I know it isn't the case with THIS situation, but ... if it would have started out as a pistol and was subsequently SBR'd then it could be configured back to pistol, and as no longer NFA, could be sold & transferred like Title 1, I believe.

    I've seen some debate over this on the Interwebs, but my attorney said pistol -> SBR -> pistol is G2G.

    Although, he also recommend sending notice to BATFE of the permanent reconfiguration back to pistol as well as awaiting confirmation from BATFE that NFRTR removal had completed before selling as a pistol (just in case a purchaser were to independently reconfigure as SBR and make a claim it had been illegally sold & transferred as such to them).

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    Valleyhkguy, I agree, you are correct. It can be converted back to original Title I configuration and be GTG.
    In the case above, the original Title I configuration of the HK94 was a rifle and so can NOT be configured to pistol and be considered Title I.

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    Some of you may have seen the HK 91 converted to a G3k for sale on GB a few months ago. The guy took the stock off and claimed it was a pistol. I emailed him telling him what he was doing (selling it as Title 1) was not legal and if in doubt he should discuss with ATF. He would not listen. Not sure what became of that. Lots of ignorance out there when it comes to NFA and that is obviously a risky thing.


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    @veritas
    , in regards to the GB ad I linked, if the sear is “married” to the gun and unable to be moved to multiple guns, it could then be transferred on a single Form 3, could it not?
    I ask because in the ad pictures the gun and sear pack are stamped/engraved with the same serial number, that leads me to believe the sear is in fact “married” to the gun, though the owner/listing agent stated to me that it is not.
    Last edited by Bestiller; 10-20-2019 at 08:03 PM.

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    Sear looks to be married to the gun but it looks like it would be able to be separated. You would need to form 1 the firearm or return it to a title 1 gun(put a 16 inch barrel on it). The sear's forms should said installed in x firearm but it might have been missed at some point.

    Still it should be easy enough to fix. Gun stays with the sear until its form 4 is approved, form 1 the firearm and when it comes back you can separate them and move the sear to another host as you please. That or have it shipped to a good hk smith and have them form 2 the mp5 to a sbr and give it a full once over and maybe more the sear to an ambi or an 4 position burst pack while they are going over everything.

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    This an easy one Sear is Married to the Gun until a Form 1 SBR on the Gun filed/approved. Seems to me that if you are going to ask this kind of money for a MG you would actually have a Picture of the Actual MG. Just my Nickel
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    @Bestiller

    Rule of thumb.....once a rifle, always a rifle in ATF eyes.....period.

    Pistol......whole different bag of d$cks…..
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