Legality of OC'ing a Full Auto

I live in South Dakota but I'm looking for a more general law on carrying a Full Auto weither it be a pistol or rifle. What is the legality of that? Is it legal to OC a Full auto and if so are there certain rules you have to follow?


Thanks
JT

ALso

Also what happens if your OC'ing ANY firearm and it discharges. Just wondering these two questions out of curiosity.

Thanks
JT


Edit:As in what laws would you be breaking if it discharged.

Check with your state, but in Idaho, all our laws say regarding full auto weapons is "As far as we're concerned, it's just another gun. just don't do anything that'll piss off the damn feds." So if you own it legally, you can CC or OC it in Idaho, as I understand. (though in a self-defense scenario, bear in mind that its usually a bad idea to whip out your Mac11 and start spraying .380 slugs all over the place when there are bystanders around. go with hollowpoints and short, controlled bursts.)

As far as having your gun discharge... like, what do you mean? Are you asking "what if my gun just goes off all by itself?" ...That doesn't happen. Unless you're using nitroglycerine instead of gunpowder and you slip and fall on some ice or something.

If you discharge your firearm, chances are that it is an offense, depending on the particular laws and regulations in a region. So don't do it unless it is necessary for self-defense. Ask on the South Dakota forum for specifics, I'm sure one of them would know. They probably also know about the legalities of open carrying an NFA firearm. In my state, (NV), open carry of a full auto firearm would be legal, but concealed carry of such a firearm would most likely be found illegal.

Best to really check the laws of your State on this (but you're doing that already - good man). You will also need to know a whole lot of Federal laws like the one about a 20 year mandatory sentence if you commit a crime with a machine gun (or with a semi-auto holding a magazine of greater than 20 rounds, I think as well).

Why does that matter to a law-abiding citizen like yourself? Well suppose that you 'commit' a crime while in possession of your full-auto? I don't know how far it could be stretched, but getting convicted of ANY crime involving violence (or perhaps even threat of violence) such as a he said/she said (verbal assault) encounter gone wrong with an Anti could result in a really bad morning turning into a 20-year stretch in club Fed. The other more obvious example would be a self-defense shooting gone-wrong in which you get convicted of manslaughter. That may automatically trip the Federal 20 year sentence enhancement.

I am not a lawyer but I do recall reading about those Federal machine gun laws. The State you are in may also have enhanced penalties for crimes committed with full-autos as well.

Good luck!

I own multiple NFA firearms and they would be the LAST firearms I would CC or OC for self defense.

Think about this logically. If you discharge a firearm in self defense, the weapon WILL be seized and put in evidence until a Grand Jury returns a "No True Bill" on your case.

If they find ANY liability on your part, the State will seize your weapon permanently. I personally wouldn't want to put my $5,000.00+ UZI at risk unless a "ZPAW" aka "Zombie Apocalypse" was occurring.

I would never OC or CC a full auto i was just wondering if it was legal or not. Thanks everyone for you replies

Regards, JT

From Post #6 "If they find ANY liability on your part, the State will seize your weapon permanently. I personally wouldn't want to put my $5,000.00+ UZI at risk unless a "ZPAW" aka "Zombie Apocalypse" was occurring."

Yup, this why I don't carry a gun to which I have an emotional attachment, like a family heirloom. I'm real fond of my Steyr S9, but it didn't belong to my Dad. If it's Zombie Apocalypse time you had better have stocked up on LOTS of ammo if you're gonna pack FA, 'cause Big 5 won't be having any ammo on sale.

johnpetter97 said:

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Huh??? A troll I suspect, trying to drop a link perhaps.

revjen45 said:

From Post #6 "If they find ANY liability on your part, the State will seize your weapon permanently. I personally wouldn't want to put my $5,000.00+ UZI at risk unless a "ZPAW" aka "Zombie Apocalypse" was occurring."

Yup, this why I don't carry a gun to which I have an emotional attachment, like a family heirloom. I'm real fond of my Steyr S9, but it didn't belong to my Dad. If it's Zombie Apocalypse time you had better have stocked up on LOTS of ammo if you're gonna pack FA, 'cause Big 5 won't be having any ammo on sale.

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It won't matter. You'll be dead before you can use it all because you'll waste too much time spraying all around the place instead of making well placed shots to the head. You'll be eaten by bullet riddled zombies in no time.

SovereignAxe said:

It won't matter. You'll be dead before you can use it all because you'll waste too much time spraying all around the place instead of making well placed shots to the head. You'll be eaten by bullet riddled zombies in no time.

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Maybe you're unaware that the UZI SMG has a thing on it called a "SELECTOR SWITCH" ?