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Discussion Starter · #1 · (Edited)
SP89 married to S&H sear & class III dealer wouldn’t transfer SP89 host separately

My friend has some problem regarding to HK SP89 & sear transfer with his class III dealer.
I brought a sear pack and MP5K host gun separately, so I never had any problem in the past but my friend’s case is a little different than mine, and he needs some clarification.

He brought HK SP89 converted into MP5K w/ S&H sear in Navy pack. The sear pack is still waiting for approval from ATF, so he asked seller to send his new SP89 first.
The seller sent SP89, and also copy of his form 4... the problem is seller’s form 4 indicated that S&H sear & SP89 are all listed on a same form 4 (possibly married to a sear?).
Furthermore, the seller sent the folding stock & fore-grip together which my friend told his class III dealer to hold on to them until the sear pack successfully transferred under his name.
My friend told his class III dealer that he wants SP89 transferred separately as a semi-auto pistol and not married to the sear... that way, he could move the sear to a different host legally as long as he return host weapon into its original configuration (all pistols in this case) when the sear is removed from the host weapon.
However, his class III dealer thinks that as long as he owned the fore-grip & stock w/ SP89 then you must register it as SBR weapon or register SP89 & sear pack together on a same form 4.

My understanding is that once you register SP89 & S&H sear pack on a same form 4 then it’s considered as “married” and could not legally move between host weapons.
Also, if you owned a registered sear pack, then you could legally convert any HK 90 series pistol into SBR configuration w/ sear pack as long as you return its original pistol configuration when sear pack is removed... you could also possess folding stock, fore-grip etc under same roof as long as you owned a registered sear pack.

Any thoughts?
 

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Contrary to what some people think, you CAN marry a sear to an SP-89. You can tell by the indication on the Form 4 of caliber, barrel length, etc. After transfer of the sear, a simple letter faxed to ATF explaining the "divorce" is all you need. You don't need to SBR the SP-89 as long as you don't have any of the offending stocks on the gun when you remove the trigger pack and place it on another gun.

I would tell your friend to wait for the dealer to transfer the whole package, then when he has it, write the letter to ATF for the divorce. That would be easier than convincing the dealer otherwise.
 

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Discussion Starter · #3 ·
Contrary to what some people think, you CAN marry a sear to an SP-89. You can tell by the indication on the Form 4 of caliber, barrel length, etc. After transfer of the sear, a simple letter faxed to ATF explaining the "divorce" is all you need. You don't need to SBR the SP-89 as long as you don't have any of the offending stocks on the gun when you remove the trigger pack and place it on another gun.

I would tell your friend to wait for the dealer to transfer the whole package, then when he has it, write the letter to ATF for the divorce. That would be easier than convincing the dealer otherwise.
hmmm... didn't know that route. Always learning something new. :) thanks for the comment... will pass it along to my friend.
 

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My brother just did this with an SP89 that was married to a Qualified sear.

He just submitted the Form 4 without mention of the SP89 in the notes section. Everything went through fine.
 

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Discussion Starter · #5 · (Edited)
My brother just did this with an SP89 that was married to a Qualified sear.

He just submitted the Form 4 without mention of the SP89 in the notes section. Everything went through fine.
That's what I told my buddy but his dealer recommended to "marry" SP89 & sear pack so my friend could store his folding stock & foregrip under same roof...

I don't think his comment is true... I thought you could store folding stock, etc under same roof as long as you owned the sear pack... just don't forget to put it back into original pistol configuration when sear pack is removed. am I wrong?
 

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That's what I told my buddy but his dealer recommended to "marry" SP89 & sear pack so my friend could store his folding stock & foregrip under same roof...

I don't think his comment is true... I thought you could store folding stock, etc under same roof as long as you owned the sear pack... just don't forget to put it back into original pistol configuration when sear pack is removed. am I wrong?
You are correct, dealer is wrong.
 

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One reason to marry an SP89 to a sear are states like the People's Republic of Maryland. Machine guns are OK and treated very buisness-like. The SP89 is a prohibited assault pistol. Marrying the sear and gun togethyer sort of leggaly may help an owner in certain situations. Just another tidbit.
 

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Discussion Starter · #8 ·
So, if his dealer is incorrect then he could pick-up his SP89 minus the folding stock & foregrip from the dealer and pick them up when his form 4 approves?
I think he wants to send his SP89 to convert PDW w/ 3 lug barrel while his form 4 approves.
How to make this dealer to understand correct ATF rules rearding to this matter?
 

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How to make this dealer to understand correct ATF rules rearding to this matter?
Good luck. As a matter of survival, most dealers are very cautious. That often leads to situations like this. It's his butt on the line (business, house, family, etc.). Vollmer wouldn't restamp an SP-89 to MP5K unless he married the sear to the gun. Completely unnecessary, but that's the way he was and there was no other way about it.

Tell your friend to just be cool, he can wait a few weeks extra, won't kill him.
 

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I agree with Suds.

Most dealers, myself included, are very cautious about areas we don't fully understand. Most of us though, try to quickly understand what is legal and what isn't.

Some of us are lazy and/or extremely conservative.

Darin Reiss
FFL/SOT in KS
 

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Discussion Starter · #11 ·
Thanks for everyone's expert comments....
I’ll call and tell him to just wait for a few more weeks.
This is his first class 3 purchase so obviously he’s very anxious to have it transferred...

 

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Ummm, I thought a title I receiver and a registered MG conversion part that are married could never be divorced - this from the SAR HK Conversion article on this website.
 

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Ummm, I thought a title I receiver and a registered MG conversion part that are married could never be divorced - this from the SAR HK Conversion article on this website.
Yes, if that Title I weapon had been registered along with the unregistered control part prior to the machine gun registration cut-off back in 1986.
 
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