Legality of DIAS

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  • bigmancrisler

    2A Preacher
    Jun 4, 2020
    1,263
    Martinsburg, WV
    Can someone give me clarification on what the legality of using a pre-ban DIAS for an AR-15? A coworker (who lives in VA) talked with a class III dealer who said that they are illegal. From my original understanding was that, the DIAS was what is registered with the ATF and therefore that was the machine gun. I am not in looking to get one (at least any time soon), just curious if my prior understanding was wrong or something has changed.
    Thanks in advance!


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    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    It needs to be NFA-registered to be legal at the federal level. Most likely his dealer was talking about unregistered ones, which used to be sold in magazines like 10-20 years ago and falsely advertised as not requiring NFA registration due to their age.

    It was unclear to me whether the MD bumpstock/binary trigger ban accidentally banned them or not here in MD.
     

    bigmancrisler

    2A Preacher
    Jun 4, 2020
    1,263
    Martinsburg, WV
    It needs to be NFA-registered to be legal at the federal level. Most likely his dealer was talking about unregistered ones, which used to be sold in magazines like 10-20 years ago and falsely advertised as not requiring NFA registration due to their age.

    It was unclear to me whether the MD bumpstock/binary trigger ban accidentally banned them or not here in MD.


    That was how I interpreted it. He also told me that if he were to put the DIAS in his AR then it would be a felony. I have never heard of that (provided it is registered and all that) since the whole point of a DIAS is to make your semi auto AR full auto.


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    DutchV

    Ultimate Member
    Jul 8, 2012
    4,702
    If it's registered - meaning you have the tax stamp - then of course it's legal. It's probably expensive to buy a registered one.

    An un-registered one is cheap, and it comes with free room and board at lovely Club Fed.
     

    DutchV

    Ultimate Member
    Jul 8, 2012
    4,702
    So let me understand this, if you buy a pre ban registered with the ATF DIAS then you are fine, but unregistered/post ban are not?


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    Correct.

    There are probably some legal dealer samples that are post-ban but that doesn't help us normal guys.
     

    DutchV

    Ultimate Member
    Jul 8, 2012
    4,702
    I always assumed that the ad in Shotgun news was a BATF sting. The part itself looks simple to make, and the drawings are easy enough to find. But full-auto attracts attention. Somebody will notice, and there will be questions.
     

    SkiPatrolDude

    Ultimate Member
    MDS Supporter
    Oct 24, 2017
    3,331
    Timonium-Lutherville
    As other's have stated theyre illegal unless registered and pre-ban, or are dealer post samples (which are not accessible to us).

    Registered pre ban RDIAS are transferrable but since the supply is limited and demand is high, the prices have gone extremely high.

    The concept is simple and there are post-sample examples made with a coat hangar. Making one out of a coat hangar would also be a felony, so don't try it. It also prob wouldn't hold up for very long.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    They are running $35K+ now. I wish that I bought a few of them and more HK Sears in 2009 when they were $12K.

    Damn. I remember walking by an MP5SD for $7500 in 1995'ish.

    If I could go back in time to 1984, I'd buy 100 RDIAS
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    23,970
    Political refugee in WV
    Just owning an unregistered Sear and having full auto parts for your AR in your possession is a felony

    That is so incorrect, that I'm not even sure I should even try to correct you, but I'll give it a shot.

    Legally you can own all the full auto parts you want for the AR.

    The full auto parts are not what is classified as the machine gun in the eyes of the ATF, unless it is a DIAS.

    In regards to the AR, the actual machine gun (the part that is on the NFA registry) is actually the lower receiver, not any other part.

    The lower become a machine gun when the "third hole" is drilled, But when the high shelf is milled down to a low shelf, along with some other minor machine work, you start running into a whole host of other issues.

    The third hole is located above the selector on the lower.

    Now if none of the above 3 conditions are met, possession of the parts is 100% legal for you to possess for whatever lawful reason you may come up with. Now that isn't to say they won't try to throw "constructive intent" at you to see what sticks, but as long as you haven't made any modifications to your lower, you won't have any real problems.

    The only thing you got partially right is that the unregistered sear is against the law. Unfortunately, that unregistered DIAS is more than just a single felony, it is multiple felonies....
     

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