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 Post subject: Clarification on DE machine gun ban
PostPosted: Mon Sep 03, 2018 10:03 am 
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Joined: Tue Aug 14, 2018 10:34 am
Posts: 5
Good morning,

I realize machine guns are completely illegal for civilians, but what about grandfathered open bolt semi autos not identified as a machine gun by the ATF? I see that in 08 there was an amendment to DE gun laws to include banning "any other firearm or weapon which is adaptable for use as a machine gun." and am unsure if this would qualify.

Thanks for your time


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 Post subject: Re: Clarification on DE machine gun ban
PostPosted: Mon Sep 03, 2018 10:25 am 
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Joined: Mon Mar 18, 2013 12:24 am
Posts: 530
How did your shotgun adventure turn out? Saw some of your posts over at SGW.


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 Post subject: Re: Clarification on DE machine gun ban
PostPosted: Mon Sep 03, 2018 10:29 am 
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Joined: Tue Aug 14, 2018 10:34 am
Posts: 5
I didn't think anyone particularly cared about that anymore so I didn't follow up there, but since you asked it worked out pretty well. I didn't cut down the barrel but I got the internals looked at by the second gunsmith who said the only issue he found was that the shells were being pushed back to the loading gate. I took it to the range and fired a few dozen low powered 00 buck shells, compared it with my open choke 590a1, and they patterned about the same. Functioned pretty darn smoothly so I'm happy with it, but reassembling it was an utter pain in the butt (got the bolt stuck in the chamber somehow, took some finangling to get it out).

I don't suppose you also have any insight to my present issue?


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 Post subject: Re: Clarification on DE machine gun ban
PostPosted: Mon Sep 03, 2018 4:10 pm 
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Joined: Mon Mar 18, 2013 12:24 am
Posts: 530
i am more of a remington guy. never played much with that model.

on 1100/1187/870, i know a little bit, having had those specific models for 20+ years. but, i am not anywhere near gunsmith level! i've had good luck making minor adjustments, and fortunately no serious issues.

SGW has some folks that give very good advice. several are gunsmiths, or very close in terms of experience.

good to hear you didn't cut the barrel. imho. i've got slug barrels for 2 of my shotty's to compliment the standard barrel. it goes give flexibility. with a long and short, rifled barrel, you can hunt just about anything in the country. just need the right ammo.

regarding nfa stuff, i am not experienced in that area. i've been kicking around the idea of a can, but as a poor man, married, with child... ;)

HistorianInProgress wrote:
I didn't think anyone particularly cared about that anymore so I didn't follow up there, but since you asked it worked out pretty well. I didn't cut down the barrel but I got the internals looked at by the second gunsmith who said the only issue he found was that the shells were being pushed back to the loading gate. I took it to the range and fired a few dozen low powered 00 buck shells, compared it with my open choke 590a1, and they patterned about the same. Functioned pretty darn smoothly so I'm happy with it, but reassembling it was an utter pain in the butt (got the bolt stuck in the chamber somehow, took some finangling to get it out).

I don't suppose you also have any insight to my present issue?


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 Post subject: Re: Clarification on DE machine gun ban
PostPosted: Tue Sep 04, 2018 12:36 pm 
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Joined: Tue Aug 14, 2018 10:34 am
Posts: 5
Fair enough. I'm not remotely a gunsmith either but I did see they have some highly knowledgeable people on SGW who could give me answers nobody else could. I don't use shotguns too regularly, but definitely a place worth returning to in my opinion.

In terms of the barrel, I think I'd like to get a shorter barrel but riot barrels seem hard to come by and what few I've seen havent been worth the price to me (about as much as the gun itself) so for now I'm just dropping

For anyone who's dropping in here, I think my main question with this thread can be broken down to how stringently enforced is the section referring to firearms adaptable as a machine gun? I talked with DSP and all they really did was agree with me that it was vague but that they didn't know too many specifics.


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 Post subject: Re: Clarification on DE machine gun ban
PostPosted: Tue Sep 04, 2018 8:36 pm 
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Joined: Sat Mar 06, 2010 3:30 pm
Posts: 1546
Location: Newark, DE
Honestly I've never seen any case law regarding the subject. Seems like it's one of those grey areas nobody has bothered pushing into.

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 Post subject: Re: Clarification on DE machine gun ban
PostPosted: Thu Sep 06, 2018 9:18 am 
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Joined: Wed Feb 27, 2008 10:19 am
Posts: 5696
Location: Gap, Pa and northern NCC, DE
I would never ask any law enforcement officer a legal question like that.

I'd make a call to the Attorney General's Office to get clarification. And call, don't email. You'll never get anything in writing from them regarding a question.

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 Post subject: Re: Clarification on DE machine gun ban
PostPosted: Wed Oct 17, 2018 2:04 pm 
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Joined: Thu Sep 10, 2009 1:54 pm
Posts: 3176
Location: Newark, Delaware
The only reference in the Delaware Code to a machine gun definition is in the exclusion of a "machinegun" from the definition of a firearm, here:

(e) As used in this section:

(1) The term "firearm":

a. Except as provided in this paragraph, has the same meaning as in 18 U.S.C. § 921;

b. Includes ammunition not expressly prohibited by federal law or subject to the provisions of the National Firearms Act [26 U.S.C. § 5801 et seq.]; and

c. Does not include:

1. Any machinegun (as defined in § 5845 of the National Firearms Act [26 U.S.C. § 5845]);

2. Any firearm silencer (as defined in 18 U.S.C. § 921); and

3. Any destructive device (as defined in 18 U.S.C. § 921); and

As you can see, the definition of "machinegun" refers to the NFA definition. Whether that will apply to the phrase "machine gun" in s. 1444 has not been determined but would be a logical conclusion (but when does logic always carry the day in criminal law).


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 Post subject: Re: Clarification on DE machine gun ban
PostPosted: Thu Oct 18, 2018 4:07 pm 
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Joined: Sat Oct 11, 2008 12:19 pm
Posts: 1033
Location: New Castle, DE
pick_six wrote:
...regarding nfa stuff, i am not experienced in that area. i've been kicking around the idea of a can, but as a poor man, married, with child... ;)


Unfortunately, suppressors are not legal in Delaware at this time. If they were, I'd definitely own a couple.

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1) All guns are always loaded
2) Never let the muzzle cover anything you aren't willing to destroy
3) Keep your finger off the trigger until your sights are on the target
4) Be sure of your target and what is beyond it


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