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Discussion Starter · #1 ·
I have the following and am trying to figure out what is the correct and legal way for me to move my HK sears installed in trigger packs from their current hosts to my HK91 and HK93.

I have an HK94 that was converted to an MP5 and has an S&H Arms of OK Sear. The form 3 has N/A for caliber and states the serial number of the host firearm.

I have an SP89 that was converted MP5K-PDW and has an S&H of AR sear. The form 3 has 9mm for caliber and states the serial number of the host firearm.

When the sears were out of these guns they would never be used in a semi auto situation (or leave my safe for that matter).

My questions are what, if anything do I need to do to move these around and since the SP89 form specifies 9mm will that cause me a problem.

I had these done in the early 90's and they have been sitting around until recently when my focus has came back to shooting.

Thanks in advance
 

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I have a similiar situation that I recently sent a letter to the ATF with several questions so that I may understand my options.

I recently purchased a MP5K-N PDW that began life as a SP89. On the Form 4 under type it states "machine gun auto sear"; under caliber it states 9mm, .223, .308.

Then under add'l description it states "installed in HK receiver #xxx, model MP5K, BBL 5.5", O/A 14".

Waiting on their response.
 

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Sounds to me like you guys both need to divorce your sears from the receivers.

But as far as the caliber - I was told by my NFA FFL that the caliber doesn't matter. I asked him if I had to amend anything to use it in an MP5/40 or MP5/10 since mine is only in 9mm/.223/.308 and he told me no, no paperwork had to be filed.
 

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Discussion Starter · #4 ·
Thanks for the response. What exactly is involved in the divorce process? (Doesn't the marriage and divorce process just sound painful?)

I hope no CLEO signature is needed.......

Also, would I need to SBR the HK94/MP5 if I never need semi use?...Back to the hard to get paperwork.....
 

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At one time I thought I was going to change my housing to the pictorgram 3 position (until I realized the trigger packs were not interchangable) and wanted to know if I could legally sell the existing pack (without the sear) to recover some of the costs. This is what prompted me to write the letter to the ATF.

To answer your question, I believe we would have to File a Form 1 and SBR the MP5K (and do it first) then the divorced pack could be used in another host weapon.

Don't rely on my answer as this is all new to me. Mine is in a trust so no signature needed.
 

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Do your form 3s have the host weapon's serial number as the serial number of the machinegun sear? Or is the host weapon's serial number listed in the "additional info" box?
 

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OK, so the registered sear has its own unique serial number...

To divorce the sears you must first be sure that each existing host is either a legal title I gun, or a registered SBR.

The SP89 will be a legal Title I gun as a handgun once the sear is removed. However, you can NOT have a vertical foregrip or a shoulder stock attached to it unless you put the sear back in.

The HK94 will need to be registered as a SBR (Form 1 or Form 2 if you are an 02/07 SOT) before you can remove the sear. Or... you can install a permanent barrel extension, bringing the barrel to 16" or longer.

Also, you will want to notify the NFA branch in writing that you have removed the additional markings from the additional information box. You will receive confirmation back from the ATF

Once all that is completed, you have "divorced" the sear.
 

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OK, so the registered sear has its own unique serial number...

To divorce the sears you must first be sure that each existing host is either a legal title I gun, or a registered SBR.

The SP89 will be a legal Title I gun as a handgun once the sear is removed. However, you can NOT have a vertical foregrip or a shoulder stock attached to it unless you put the sear back in.

The HK94 will need to be registered as a SBR (Form 1 or Form 2 if you are an 02/07 SOT) before you can remove the sear. Or... you can install a permanent barrel extension, bringing the barrel to 16" or longer.

Also, you will want to notify the NFA branch in writing that you have removed the additional markings from the additional information box. You will receive confirmation back from the ATF

Once all that is completed, you have "divorced" the sear.
Any idea in which format the 'confirmation' will be? Is it just a letter, or is it some other form that must be kept with the form 4?
 

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It's just a letter, but that's all you need.

Once the divorce has happened, and you want to do the next transfer with the additional info left blank, simply send in a copy of the confirmation letter along with the Form 4 with nothing filled out in the additional ifo area.
 

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It's just a letter, but that's all you need.

Once the divorce has happened, and you want to do the next transfer with the additional info left blank, simply send in a copy of the confirmation letter along with the Form 4 with nothing filled out in the additional ifo area.
Ok, so then that letter is almost as important as the Form 4 and must be saved with the form. That's what I wasn't sure of.
 

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In theory, the NFA registry should have been updated to remove the additional information in their database. But the registry isn't perfect, so keep the letter and send it in just in case they responded to your notice, but failed to update their database.
 
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