LugerForum Discussion Forums - View Single Post - Semi auto open bolt .22lr rifle legality?

sdmark777 · 04-28-2021, 10:38 PM

You are asking a very tricky question. I have not read or heard anything regarding older open bolt .22 firearms specifically. If ATF has published an opinion on a specific firearm coming under the NFA, then yes. Very muddy waters. For example, early MAC 10 open bolt semi auto pistols were widely sold through out the US. ATF determined open bolt semi autos could no longer be manufactured as they were easily converted to fully automatic. But ATF grandfathered the previously manufactured open bolt MAC 10's as non NFA. Years later the Court ruled ATF did not have the authority to grandfather early MAC 10's and they were subject to the NFA. More legal wrestling continued and I am not sure today if open bolt MAC 10's fall under the NFA or not. So would open bolt .22 firearms come under the NFA like the MAC 10 senario? I don't know. Unless someone was prosecuted for violations of the NFA with an open bolt .22 firearm, we may never know. You can ask ATF directly online. But, there are a lot of moving parts to your question and even if you get a straight answer from ATF, opinions vary from Agent to Agent and the Courts sometimes over rule ATF. That is the state of our firearm laws in the US, overly complicated and burdensome. Some NFA legal questions are simple to answer, yours is not IMHO. In my opinion an average Joe with one of those .22 open bolt rifles who did not mess with it, would never have a problem. Unless of course they drew the attention of law enforcement for some reason. Most all Law Enforcement would stop at, "is it full auto or not?". ATF agents would defer to their NFA branch if it became an issue. Clear as mud? Right? Doubt you will ever get a true answer, but maybe there was a past case or ruling or opinion. Good luck.

04-28-2021, 10:38 PM	#3
sdmark777 User Join Date: Apr 2018 Posts: 284 Thanks: 657 Thanked 665 Times in 171 Posts	You are asking a very tricky question. I have not read or heard anything regarding older open bolt .22 firearms specifically. If ATF has published an opinion on a specific firearm coming under the NFA, then yes. Very muddy waters. For example, early MAC 10 open bolt semi auto pistols were widely sold through out the US. ATF determined open bolt semi autos could no longer be manufactured as they were easily converted to fully automatic. But ATF grandfathered the previously manufactured open bolt MAC 10's as non NFA. Years later the Court ruled ATF did not have the authority to grandfather early MAC 10's and they were subject to the NFA. More legal wrestling continued and I am not sure today if open bolt MAC 10's fall under the NFA or not. So would open bolt .22 firearms come under the NFA like the MAC 10 senario? I don't know. Unless someone was prosecuted for violations of the NFA with an open bolt .22 firearm, we may never know. You can ask ATF directly online. But, there are a lot of moving parts to your question and even if you get a straight answer from ATF, opinions vary from Agent to Agent and the Courts sometimes over rule ATF. That is the state of our firearm laws in the US, overly complicated and burdensome. Some NFA legal questions are simple to answer, yours is not IMHO. In my opinion an average Joe with one of those .22 open bolt rifles who did not mess with it, would never have a problem. Unless of course they drew the attention of law enforcement for some reason. Most all Law Enforcement would stop at, "is it full auto or not?". ATF agents would defer to their NFA branch if it became an issue. Clear as mud? Right? Doubt you will ever get a true answer, but maybe there was a past case or ruling or opinion. Good luck.