I had always assumed MGs were legal in WI, so that made me do a double take when reading through the slideshow. I went to check it for myself, and found WI Statute 941.26 (1)(a) which states "No person may sell, possess, use or transport any machine gun or other full automatic firearm." Is it one of those things where an individual may not personally possess FA firearms, but the ownership of FA firearms by other entities (trust, etc.) is legal?
No, the NFA process is a sufficient affirmative defense of MG possession, individual or otherwise. The verbiage for that part is just well separated from the superseding sections above or below in the WI code. It's just far away enough that it confounds people trying to make a "plain English" reading of the law.
There is a NEW hassle that arose within just the past few years here in WI with needing a "CLEO Authorization Letter" above and beyond the normal NFA process, due to the ATF's NFA branch hyper-interpreting the wording of the WI MG laws, and you need that whether you're individual, corp., or trust.
There is no documented case of anyone in WI law enforcement or a DA's actually caring about said letter on an otherwise properly NFA'd MG, but for the past few years, the ATF won't approve any Form 4's on pre '86 MG transfers in WI without said CLEO approval letter though.
MGs are illegal in WI, but there are exceptions:
(1) The possession of a machine gun for scientific purpose.
(2) The possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament or keepsake.
(3) The possession of a machine gun other than one adapted to use pistol cartridges for a purpose manifestly not aggressive or offensive. A person may be authorized by the chief of police of any city or the sheriff of any county to sell, possess, use, or transport a machine gun.
IANAL, and that's a really short summary, but (2) pretty much covers most of them in WI. A can is about the only NFA item not in the statutes.
Yes.
And AFAIK, the wording of the law was such that it was designed to try and preferentially trip up the mob and bootlegger types who were using WI as their backyard when coming up from Chicago, or down from Canada in the 20's and 30's. It used to be that for #3, that it was presumed you had
de-facto authorization by going through the NFA process to register and pay tax on your MG transfer, but now the ATF needs said authorization to be explicit in the form of a letter.