Re: Full Autos Require FFL

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Posted by HF on October 07, 2003 at 14:21:14:

In Reply to: Full Autos Require FFL posted by Conan on September 30, 2003 at 17:16:57:

Well, you are off to a good start. You have verified your own ignorance and, if you are reporting accurately what was said, the ignorance of the 'experts' whose advice you seek.
Perhaps this is a problem with other areas for you, like, ahem, martial arts maybe?


Try calling these numbers:

BATF/NFA BRANCH: 202 927 8330
BATF LICENSING: 404 679 5040
BATF/DIST. CENTER(FORMS ETC): 703 455 7801


Also here's a nice faq that was recommended for the ignorant:

http://www.full-auto.com/library_laws.htm


• WHO CAN OWN A MACHINE GUN?

GENERALLY IF YOU MEET THE FOLLOWING CRITERIA YOU CAN OWN A MACHINEGUN. SOME STATES DO NOT ALLOW OWNERSHIP OF NFA ITEMS, PLEASE CHECK OUR STATE LAWS LIST HERE. http://www.full-auto.com/library_states.htm


1. OVER 21 YEARS OF AGE
2. NO DISHONORABLE DISCHARGED FROM THE ARMED SERVICES
3. NOT AN ALIEN ILLEGALLY IN THE U.S.
4. NOT ADJUDICATED MENTALLY DEFECTIVE, OR COMMITTED TO A MENTAL INSTITUTION
5. NOT AN UNLAWFUL USER OF DRUGS OR CONTROLLED SUBSTANCES
6. NEVER RENOUNCED YOUR U.S. CITIZENSHIP
7. NOT A FUGITIVE FROM JUSTICE
8. NOT UNDER INDICTMENT FOR A CRIME PUNISHABLE BY MORE THAN A YEAR
9. NOT CONVICTED OF A CRIME WHERE YOU COULD HAVE BEEN SENTENCED FOR MORE THAN A YEAR. USUALLY A FELONY.
10. NOT SUBJECT TO A COURT ORDER RESTRAINING YOU FROM HARASSING, STALKING, OR THREATENING AN INTIMATE PARTNER OR CHILD OF SUCH PARTNER.


• WHAT'S REQUIRED TO BUY A NFA WEAPON?

The first step is finding the gun you want to buy. You can find lots of NFA items for sale on various websites such as this one or others which can be found in our links section. The second step is finding a Class 3 (machinegun) dealer in your area to 'transfer' the firearm(s) for you if the firearm(s) are not in your state. If the gun is owned by someone in your state, you can do the transfer yourself without going through a dealer. This is done by filling out a Form 4 and sending it to the BATF.

Let's assume you've found a gun on the Internet you want and a dealer transfers it for you. After it arrives you will need to get with your dealer and fill out a Form 4. The Form 4 is the ATF form to transfer an NFA weapon to a non-dealer, generally this is called an 'individual transfer'. You will need to submit 2 copies of the Form 4 to ATF. The dealer will fill out the neccessary information on the front of the form. Then it is your turn. You will need to fill out the applicant statement on the back of the form. Then you go to your local PD or sheriff and he signs the 'law enforcement statement'. This states he/she has no reason to believe you will use the weapon for illegal purposes. Also required are two sets of your fingerprints. The dealer will furnish the print cards to you and you can have them done while you are at the police station getting 'sign off'. Attach your photograph to each of the Form 4's and attach your check for the appropriate tax, $200 for machineguns, silencers, sawed off shotguns, short-barrelled rifles,etc, or $5 for AOW's.

The forms, finger prints and check will be mailed to the BATF office in Chicago and they will forwarded them to the ATF/NFA Branch in Washington, DC. Generally the Form 4 transfer takes 60 to 120 days. Once the Form 4 is approved it will be sent to your Class 3 Dealer. When he calls you can go and pick up your weapon.


• CLASSES OF NFA WEAPONS

If you are new to Class 3 knowing what you can and cannot buy can be confusing. This section will hopefully, help you when you are reading ads in places like Tom Bowers Machinegun Board or the ShotGun News.

TRANSFERABLE WEAPONS: These are machineguns, sears, or conversion kits made and registered before May 19, 1986. This is the date that Mclure-Volkmer Act went into effect. Part of that act was the banning of the manufacture of machineguns for individuals. These items may be purchased by anyone who meets the above criteria for ownership. A $200 Transfer Tax applies.

CURIO AND RELICS: This a classification of NFA weapons that derive the majority of their value due to age or rarity. Many of the weapons in this classification are WW1 and WW2 original pieces, such as Thompsons, MG42's, Stens, Greaseguns etc. Some states restrict individual ownership of machinguns to C&Rs. If you want to know what guns are on the list you can contact ATF in you city and they will tell you were to call to obtain a copy of the list. These are fully transferable and subject to the $200 transfer tax. If you hold a C&R license or an FFL you can buy these interstate directly, subject to an approved Form 4.

PRE-MAY DEALER SAMPLES: These are machineguns that were imported between 1968 and May 18, 1986. The 1968 act made all machineguns imported after 1968 for law enforcement use only. The Mclure-Volmer Act defined these weapons as 'Dealer Samples' and allows a Class 3 dealer to keep these weapons if he drops his license. These are desirable to Dealers as it allows them to have a factory original gun, not a conversion he can keep if he drops his licens. Only Class 3 dealers and others with a Special Occupational Tax can buy these weapons. If you are not a dealer you cannot buy a Pre-May dealer Sample gun.

POST MAY DEALER SAMPLES: These weapons are very restricted. They can only got to a Law Enforcement Agency, The Military or a Class 3 dealer who has either a request for demonstration or a sale to a qualifying agency or department. They cannot be kept if a dealer drops his license.

SHORT BARRELED RIFLE: Basically a rifle with a barrel of less than 16' or an overall lenght of less than 26' with the stock extended if it has a folding stock. These can still be manufactured and are transferable. $200 Transfer Tax applies.

SHORT BARREL SHOTGUN: Basically a shotgun with a barrel of less than 18'. A good example would be the Benelli Entry Gun with it's barrel of 14'. Short barrelled shotguns can still be manufactured and are transferable. $200 Transfer Tax Applies.

AOW (ANY OTHER WEAPON): AOW's are a bit tricky. Generally it applies to pistol grip shotguns with barrels below 18', such as the New Model Auto & Burglar we manufacture. You cannot make one from a shotgun originally manufactured with a buttstock, they must be made from either a new reciever that has never been registered as a shotgun with a buttstock or a shotgun that left the factory with a pistol grip only. AOW also applies to the old stuff like H&R Handy Guns, Marbles Gamegetters etc. A new class of AOW's are the semi-auto pistols with front hand grips, such as the H&K SP 89 with the K grip attached or the semi-auto AK's with no buttstock and a forward pistol grip. These can still be manufactured and are transferable. A $5 Transfer Tax applies.

DESTRUCTIVE DEVICES (DD'S): This classification is for guns with rifled bores greater than .50' and also includes things like M-79's, M203's, 37MM cannons, 105MM Howitzers etc. These can still be manufactured and are subject to a $200 Transfer Tax.

DEWATS: Dewats are machineguns and other devices that have been rendered unserviceable per ATF guidelines. These are called 'papered dewats' in the trade. Many times we can 're-wat' them and make them live guns again.


• THE TYPES OF ATF FORMS AND WHEN THEY ARE USED

We have these forms available on-line in a PDF format. Click HERE to view the forms or to download them.

Form 4: This form is used to transfer an NFA weapon or device from a Dealer to a non-licensee or from a non-licensee to a Dealer. The appropriate Transfer Tax will apply.

FORM 3: This form is used to tranfer NFA weapons or devices from Class 3 Dealer to Class 3 Dealer.

Form 5: This form has multiple uses. It is used to transfer an NFA item to or from a Goverment agency, from an estate, to a dealer for repair, to transfer unservicable NFA items and carries no tax. This applies to the 'papered dewats' mentioned above.

There are other forms for other things like manufacturing but won't be mentioned here. The above forms are the ones you will commonly encounter in the Class 3 world.

Remember, if you are a non-licensee (no FFL/SOT) and you want to take your machinegun or other NFA item from Arizona to Knob Creek in Kentucky you need to file a Form 5320 with ATF prior to your trip. Without this form completed and submitted, you can't legally take your NFA firearm out of your state.


• DISCLAIMER

This document is intended as an overview of the laws at the time of this writing. This document is not to be taken as legal advice. The laws governing the NFA frequently change and are always open to interpretation by the BATF. If you have any questions regarding the legal ownership of NFA firearms, their transfer or transportation, please contact he BATF directly at the numbers listed below or visit their website.


• SOME HELPFUL PHONE NUMBERS

BATF/NFA BRANCH: 202 927 8330
BATF LICENSING: 404 679 5040
BATF/DIST. CENTER(FORMS ETC): 703 455 7801


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