Is the serial number of the SP89 somewhere on the form 4? If not the sear might not be married. I bought MP5K and paperwork had the sear serial number on it and the SP89 serial number wasn't anywhere on the paperwork, my dealer did a 4473 for the pistol and I just pull the stock and forgrip before taking taking the sear pack off.
Need advice of divorcing a sear
Well after almost a year wait I got my MPK stamp approved. It had to get transfered twice, once into my dealer in state and then finally to me. I researched the forum on the seperation of the sear but couldn't find the answer. My question is the sear is married to the gun but if I wanted to get them seperated do I need to register the MP5K as a SBR if it doesn't have the stock or foregrip or can the gun be considered a pistol? I just didn't want to pay another 200 if I didn't need to and I wouldn't shoot the weapon without the sear in. Any help is appreciated,
Matt
Matt
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Well in additional information box H. It says Installed in H&K Receiver #21-247XX. The conversion was done by Vollmer Mfg. and says the manufacturer is Flemming.
It's married. Removing the sear to another gun makes the gun an unregistered SBR.
Fax a letter to ATF explaining that you purchased the MP5k (serial # 21-247XX) "married" with transferable machine gun sear (serial # HXXXX). Explain that you intend to remove the sear and have the MP5k returned to pistol status. Add more words than that, be real spcific, and a year later ATF may send you a letter acknowledging your letter.Well in additional information box H. It says Installed in H&K Receiver #21-247XX. The conversion was done by Vollmer Mfg. and says the manufacturer is Flemming.
They are pretty quick about handling "addendum" letters. A lot faster than say, trying to get a Form 4 handled.
Yeah I've noticed they aren't in any real hurry to get things done.
Exactly how my HK MP5K PDW was papered by Vollmer w/Fleming sear. I Form 1'd the K as a SBR & divorced the sear based on my limited understanding of my options back then.Well in additional information box H. It says Installed in H&K Receiver #21-247XX. The conversion was done by Vollmer Mfg. and says the manufacturer is Flemming.
I did it for several guns about three or four years ago. It seriously took them just over a year to respond with a letter. In one case they called me up to confirm what I wanted to do.
They are pretty quick about handling "addendum" letters. A lot faster than say, trying to get a Form 4 handled.
I did only one addendum letter. I got it back in under a month with a form letter thanking and praising me for helping to keep the Registry "correct" and "up to date" and that was back in '93 when they were still back in DC, which had a rep for being unresponsive and outright hostile to us. Guess I lucked out.
CoolhandMatt,
Use the search function with words Divorce and Mp5k or SP89 and I bet you'll get hits galore. Many have found themselves in this situation including myself. My SP89 has a Fleming sear in it and is papered just like yours I think.
Here are you approx choices ( as I see them, your mileage may vary, yada yada)...
1. Just keep it as is. When you want to use that pack on another host...just make sure you remove the foregrip and stock from the SP89 first ( "sell" it to a nearby friend or whatever...just avoid the nebulous "constructive possession " bit). Dont bother SBR'ing or writing letters or anything. This avoids the unregistered SBR issue altogether as its now a stinking pistol only.
2. SBR the MP5k using a form 1. You'll have to engrave the current guns owner on it though and it'll be 6 mo. before stamp is back. $200. But then that sear is truly free of that gun regardless of whether certain other parts reside on it or not.
3. Do what Shattered / SUDS mentioned....addendum. But honestly I view that as essentially option #1 and getting permission from the ATF for such seems superfluous.
shoot me a Private Message if you like and want to discuss by phone...for info to place in various form 1 boxes, etc.
-HH
Use the search function with words Divorce and Mp5k or SP89 and I bet you'll get hits galore. Many have found themselves in this situation including myself. My SP89 has a Fleming sear in it and is papered just like yours I think.
Here are you approx choices ( as I see them, your mileage may vary, yada yada)...
1. Just keep it as is. When you want to use that pack on another host...just make sure you remove the foregrip and stock from the SP89 first ( "sell" it to a nearby friend or whatever...just avoid the nebulous "constructive possession " bit). Dont bother SBR'ing or writing letters or anything. This avoids the unregistered SBR issue altogether as its now a stinking pistol only.
2. SBR the MP5k using a form 1. You'll have to engrave the current guns owner on it though and it'll be 6 mo. before stamp is back. $200. But then that sear is truly free of that gun regardless of whether certain other parts reside on it or not.
3. Do what Shattered / SUDS mentioned....addendum. But honestly I view that as essentially option #1 and getting permission from the ATF for such seems superfluous.
shoot me a Private Message if you like and want to discuss by phone...for info to place in various form 1 boxes, etc.
-HH
Assuming the buttstock and foregrip are removed which is the context in which the OP frames his question......how does removing the sear from a SP89/MP5k turn it into an unregistered SBR? Its being listed in 4h really has no bearing on its status once the sear is removed. The ONLY thing which determines its status is its physical configuration.It's married. Removing the sear to another gun makes the gun an unregistered SBR.
If a SP89/MP5k without stock and foregrip is a SBR without the sear.......what is a married 93 or 91 with their sears removed as there's plenty of those out there as well.
WRT an addendum letter, I would agree with rhouston8 that it is superfluous and unnecessary......write the letter if it makes you feel good, otherwise update the form 4 next time the sear transfers.
Okay I've been out of town for a couple of days so I couldn't respond. Thanks for all your input on this so far. Here is the latest (which will provide some entertainment) When I got the form back from from the dealer on Tuesday BATF didn't put anything in box 4H. Now to be clear when it transfered from the private party in another state to my class 3 dealer they had the serial number in 4H on the form, but when I got my stamp back on Tuesday NO serial number in 4H. It still says MP5K in 4D and barrel length 5 1/2" in 4E and 14" in overall length in 4F. I think I will take your advice and do the addendum letter anyhow.
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