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Class 3 questions?

Discussion in 'NFA Weapon Discussion' started by usmc, Nov 21, 2010.

  1. usmc

    usmc oregon Active Member

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    do you have to have a class 3 license in order to have machine guns? or can you have them with a class 2? im confused on the difference the only thing i see is one says manufacture , and class 3 says dealer? not sure,does any know? thanks
     
  2. Ranb

    Ranb Belfair, WA Active Member

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    No license or permit is required to own any firearm in the USA except a machine gun made or registered after May 19, 1986.

    Class 3 (or 1 or 2) refers to a Special Occupational Tax that a Federal Firearms Licensee pays to import (class 1), manufacture (class 2) or deal (class 3) in title 2 firearms. Title 2 firearms are machine guns, silencers, short barreled rifle/shotguns, destructive devices (rifled bores >1/2") and "any other weapons" (AOW's, cane guns, pen guns, smooth bore pistols etc). Title 1 firearms are rifles, shotguns and handguns. Title 2 firearms are controlled by the National Firearms Act of 1934, so they are also called NFA firearms. Titles are guns, classes are people.

    Title 2 firearms only require a license (FFL/SOT) to possess if the person does so as a business entity. A person can make or buy a title 2 firearm without a license as long as they are 18 and older and live in a state where they are legal. All they have to do is pay the $200 tax on each and submit the ATF form 4 to buy one or the ATF form 1 to make one. Since May 19, 1986 the Feds have prohibited new registration of machine guns for unlicensed civilians, so the ATF will not authorized the making of a new machine gun on an ATF form 1 unless it is for the government.

    The ATF routinely authorizes the making and buying of title 2 firearms by anyone who fills out the paperwork properly. I have never heard of the ATF denying approval unless a mistake was made on the forms. The biggest obstacle is normally obtaining the local sheriff's signature on the back of the forms as some just will not do it. There are ways around the sheriff's sig like asking a DA or Judge, but most people who can not get the sig use a trust or Corp. to own the NFA firearm for them. I use a trust to own the silencer I make now.

    Going through a dealer to buy a title 2 firearm is not required unless it is an interstate transfer, and then the buyer has to be at least 21. I could buy or sell a title 2 firearm to a person in my state who is only 18, as I do not have a license. It would be a routine matter for the ATF to approve the transfer on the ATF form 4.

    Here are some useful links.
    http://www.atf.gov/
    http://www.atf.gov/regulations-rulings/laws/
    http://www.atf.gov/forms/firearms/

    Ranb