FFL Types or, "No you don't have to "have a class 3" to buy a machinegun/sbr/etc.".


PDA






hso
February 23, 2010, 04:42 PM
Federal Firearms License Types

Type 1 Title 1 dealer or gunsmith other than destructive devices. Can also deal in Title II NFA firearms with class 3 tax stamp.
Type 2 Title 1 dealer doing business as a pawnbroker
Type 3 Licensed collector of Curio & Relic (C&R) firearms
Type 6 Licensed manufacturer of ammunition and reloading components other than Armor Piercing ammunition
Type 7 Title 1 manufacturer of firearms, who can also act as dealer, other than Destructive Devices, ammunition and ammunition components other than Armor Piercing ammunition. Can also manufacturer & deal in Title II NFA firearms with class 2 tax stamp.
Type 8 Importer of Title 1 firearms and ammunition. Can also import Title II NFA firearms with class 1 tax stamp.
Type 9 Dealer in Title 1 firearms including NFA destructive devices, Requires payment as an SOT Class 1 (can act as an NFA Dealer) and registration with the US Dept. of State as a Broker under ITAR/D-TRADE. To deal/broker any DD with an explosives content (i.e. Flash-Bangs), requires an additional FFL; Dealer of High Explosives
Type 10 Manufacturer of Title 1 firearms, ammunition and ammunition components, manufacturer of NFA Destructive Devices, ammunition for Destructive Devices and Armor Piercing ammunition (can act as a dealer). Requires payment as an SOT Class 2 (can act as an NFA Dealer) and registration with the US Dept. of State as a Manufacturer under ITAR/D-TRADE. To manufacture any DD with an explosives content (i.e. Flash-Bangs), requires an additional FFL; Type 20 Manufacturer of High Explosives.
Type 11 Importer of Title 1 firearms, ammunition and NFA Destructive Devices, ammunition for Destructive Devices and Armor Piercing ammunition. Requires payment as an SOT Class 1 and registration with the US Dept. of State as a Broker under ITAR/D-TRADE. To import any DD with an explosives content (i.e. Flash-Bangs), requires an additional FFL; Importer of High Explosives.

Special Occupational Tax Classes (SOT)

Class 1 importer of NFA firearms
Class 2 manufacturer & dealer of NFA firearms
Class 3 dealer of NFA firearms

To get a Class 1 SOT status, you need an importer FFL, which includes Type 8, 11

To get a Class 2 SOT status, you need a manufacturer FFL, which includes Type 7, 10

To get a Class 3 SOT status, you need a dealer or manufacturer FFL which includes Type 1, 2, 7, 8, 9, 10 or 11

Collectors of Curio and Relic (C&R) Firearms
A special type of FFL is available to collectors of curio or relic (C&R) firearms. C&R firearms are defined in Title 27, Code of Federal Regulations, Part 478.11[1] as those "which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons." An application for a C&R FFL is filed using ATF Form 7CR.

To be recognized by ATF as a C&R firearm, a firearm must fall into at least one of the following three categories:

Firearms which were manufactured more than 50 years prior to the current date, but not including replicas thereof;
Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; or
Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less.



Anyone with a clean record, a cooperatve CLEO and the money to pay for the tax stamp can purchase any typical NFA item they can afford (excluding post '86 machine guns") if their state allows it. No "license" needed.

If you enjoyed reading about "FFL Types or, "No you don't have to "have a class 3" to buy a machinegun/sbr/etc."." here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
waterhouse
February 23, 2010, 04:52 PM
Thanks for putting this together. I know no one reads stickies, but at least now I can just point to it.

TexasRifleman
February 23, 2010, 05:12 PM
Anyone with a clean record, a cooperatve CLEO and the money to pay for the tax stamp can purchase any typical NFA item they can afford (excluding post '86 machine guns"). No "license" needed.

Not withstanding any state laws of course. I know hso knows that, just making sure.

Some people have asked if NFA overrides any state laws. It does not. Some states have odd restrictions on the ownership and use of NFA firearms. For example, it's legal to OWN a suppressor but not to USE it (Washington state).

Ask if you're not sure.

hso
February 24, 2010, 10:05 AM
Thanks TR, that did need to be added.

devildog32713
February 24, 2010, 11:23 AM
I read stickies, thanks for posting, It would have taken me forever to find all this somewhere else.

Bullnettles
February 25, 2010, 07:30 PM
Thank you for posting this! Question, where would one find a link to ALL the states FFL codes?

N7QVU
March 8, 2010, 05:04 PM
"Question, where would one find a link to ALL the states FFL codes? "

The ATF site has a great document with info regarding each state.
Go to "http://www.atf.gov/publications/firearms/"
The document is "ATF-p-5300-5.pdf".

Hope this helps...

Bullnettles
March 8, 2010, 06:43 PM
Ahhh, thank you!!!

jhallrv4
May 2, 2010, 08:09 PM
"I believe there are still many thousands of unregistered guns out there, maybe millions, who knows?"

I'm sorry, I personally think this a good thing. A VERY good thing. In keeping with the original intent of the 2nd amendment.

Jeff

CoRoMo
August 23, 2010, 02:39 PM
I think this map may be helpful to those who read this sticky and have a question about a particular state. It is not, and should not be considered, a legal resource provided by the ATF or any state government. As long as it is updated, it should give you some basic information it was designed for. The pdf in the link below will give you a bit more information than the map alone. For instance, notice that Washington state is not actually red, it is orange. The text in the pdf explains that.

http://grburnett.us/guns/nfa/nfadevicesstatemap.pdf

Blachard
October 4, 2010, 08:47 PM
Man, Washington can't have anything cool.

ronzorelli
December 18, 2010, 10:44 PM
"I believe there are still many thousands of unregistered guns out there, maybe millions, who knows?"

I'm sorry, I personally think this a good thing. A VERY good thing. In keeping with the original intent of the 2nd amendment.

Jeff
It IS a good thing...

http://www.stephenhalbrook.com/registration_article/registration.html
Gun Registration is the next step to Gun Confiscation (and internment)

Samari Jack
December 21, 2010, 11:42 PM
TexasRifleman,

Your quote "Some people have asked if NFA overrides any state laws. It does not. Some states have odd restrictions on the ownership and use of NFA firearms. For example, it's legal to OWN a suppressor but not to USE it (Washington state)."

I live in NC. There is a dealer that comes around at a local gun show that has suppressors. I live in the sticks with by inside and outside range behind my house. In addition to the cool factor, this guy is a friend from Penn (city Boy) who is around guns. He son killed himself with a 20 ga to the back of the throat about 2 months ago. A suppressor would go a long way in keeping peace in the hood.

How do you find out if it is legal to own AND shoot, at least for practice.

dirt_j00
December 30, 2010, 02:46 PM
Note for those the find the map above: AL should be green in the SBS and SBR maps. Law was passed back in the spring. I looked and couldn't find a contact for the creator of the map.

Link to the law: http://arc-sos.state.al.us/cgi/actdetail.mbr/detail?year=2010&act=%20496&page=bill

Thanks!

CoRoMo
December 30, 2010, 04:07 PM
eta: updated

red caddy
March 17, 2011, 04:44 PM
Posted in error

scottieb0623
July 22, 2011, 03:56 PM
However, some CLEOs may, based on their mood at the time, reject it. The alternate is a properly constructed NFA trust. Not every attorney is qualified, and using one that belongs to someone else.

Chewy1501
December 19, 2011, 04:58 AM
Bear with me, I am new to the fraternity of firarms ownership here...

Say I want to buy a short barreled rifle, or maybe a shotgun with a short barrel or even a supressor. Could I just walk into a gun shop and ask the guy behind the counter to help me complete whatever forms need to be completed to facilitate such purchase?

CoRoMo
December 19, 2011, 03:25 PM
Chewy1501, welcome to THR!

Yes, the dealer should assist you with the ATF Form 4. Just like a dealer would assist a customer filling out the 4473 that you've probably completed for non-NFA firearms purchases, these dealers also help the customers get their documentation completed.

Chewy1501
December 20, 2011, 12:04 AM
Thanks for the welcome! I've always been curious about that, not knowing if the end user was solely responsible for wading through the murky forest of red tape and fingerprint cards... Perhaps that is what Washington wants people to think so less will try to exercise their right to purchase and enjoy completely legal NFA items.

Either way, I haven't the resources yet to begin thinking about delving into the world of "happy switches" but someday I hope to. I just hope that they aren't completely vilified by the time I gather the means.

Thanks again for the welcome guys.

dnmccoy
December 27, 2011, 08:37 PM
Any links to more info on NFA trusts?

Patriot1/3
March 3, 2012, 03:55 PM
LOL,it's amazing some things people post on this websight.

hobodemon
April 25, 2012, 02:57 AM
So, anything full-auto has to be manufactured before 1986, or is there just more red tape involved for post-'86 autos that isn't discussed here?
Would there be anything legally preventing someone from using any post-'86 upper receiver on a pre-'86 selective-fire AR-15 lower? What about an SBR upper, could a Form 1 be used to register it as also being an SBR or would that make it an AOW?

C'Thulhu
April 25, 2012, 04:16 AM
So a local museum curator can declare ANY gun a C&R gun? I'm curious about this.

Quiet
April 25, 2012, 08:37 AM
So a local museum curator can declare ANY gun a C&R gun? I'm curious about this.
More to it than just that.
Need to submit a proposal/report with corresponding data as to why it should be C&R to BATFE.
This method is how the Czech 9x18mm CZ-82 became a C&R.

MenaceMan47
August 25, 2012, 01:05 PM
I've had to educate sooooo many people in this subject. Sooooo many people I've met ask (or say) whether you need a license just to own a machine gun. I keep telling them it's the same process as owning any other NFA item (LEO sigs, fingerprints, tax stamp, etc.). Yet, they just keep coming out of the woodwork.

suppressedthunder
October 6, 2012, 11:26 PM
I used 199trust.com to create my trust documents when I bought my SBR. The Docs were awesome and they were quickly emailed to me. Can't beat the price either, an attorney in my hometown was going to charge me $450 which is outrageous imo.

Actually I am looking forward to buying a can for the SBR and I will throw that in the trust too.

A buddy of mine used guntrustlawyer.com to buy a trust and said his cost like $350. He was pissed when I told him what I paid for mine, lol that's what he gets for not doing his research :)

Paradigm
February 9, 2013, 12:01 PM
"http://www.atf.gov/publications/firearms/"

This is from the ATF website. From the looks of this, the regs don't allow any FFL items in WI, period. I know this is not the case, but where are the exceptions for FFL tax stamps, class 2 licenses, ect in this document?

Aaron Baker
February 9, 2013, 02:13 PM
According to my research, Wisconsin allows all Title II firearms, except that machine guns are only allowed for scientific purposes (whatever that means).

I'm not sure what we were supposed to see in that link. It's just a list of ATF forms and publications. Where does it say anything about Wisconsin? The ATF doesn't regulate which states can have what. As far as the feds are concerned, you're welcome to have it all. It's the states that restrict certain types of NFA firearms.

I think you haven't gotten the terminology down yet. Read this thread again: FFL is a federal firearms licensee, or firearms dealer. Class 2 is a type of special occupational tax that an FFL can have if he wants to make and sell Title II firearms.

Title II firearms are silencers, machine guns, SBSs, SBRs, destructive devices and Any Other Weapons.

Normal everyday citizens apply for a single tax stamp for each Title II firearms he wants to own. There is not special licensing involved--just an application for a tax stamp. After a 6-month average wait, if he can legally buy a firearm, he'll be approved for the tax stamp and can take possession of the Title II firearm.

Aaron

Paradigm
February 9, 2013, 04:43 PM
Thanks for the info Mr. Baker, and you are correct, I messed up the terminology. Here is a more specific link. http://www.atf.gov/publications/firearms/state-laws/31st-edition/index.html
This is the same site from the other link, just one click further. On the right there is a list of states. I looked at WI, my home state, and read the ATF's regs concerning title 2/NFA items. The reg states that these are prohibited, and I can't find the section that allows for CLEO/tax stamp/fingerprint/ect.

If you enjoyed reading about "FFL Types or, "No you don't have to "have a class 3" to buy a machinegun/sbr/etc."." here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!