How does one obtain a class III license?


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Carolina Kalash
May 15, 2011, 06:43 PM
I sure would love a full-auto AK...:D

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Shadow 7D
May 15, 2011, 06:47 PM
don't need one, class 3 is dealers, you just have to do a lot of paperwork, track down a FA AK and pay A LOT of money and you have the gun of your dreams, that's it's a ratty stamped metal AK that has been beat to hell for the past 30 years, well, your going to pay more for that gun than most people pay for their first NEW car.

OH and asking in THE NFA section would probably get more answers....

zoom6zoom
May 15, 2011, 07:34 PM
You don't. There's no such thing. There are Class 3 dealers, of course. If you as a private citizen wish to own a full auto firearm, and your state doesn't prohibit it, you just need to find one you can afford (and be aware that not a lot of AK's made it on to the registry before it was locked down in '86) and apply for a tax stamp ($200) from ATF which they might get around to issuing to you in four to six months, after which you can take possession of your new toy. So mostly what it takes is money and time.

deadin
May 15, 2011, 07:56 PM
One recently sold on GA. Only $18,000.00

Shadow 7D
May 15, 2011, 08:32 PM
either it was beat to hell or a steal
I've seen them go for almost 30K

Giterboosted
May 15, 2011, 10:12 PM
Not to threa jack but if a close friend of mine had one passed down to him from his now deceased father, and wanted to sell it to me, would this be legal? Because I can get it for FAAAAAAAAAAR less than 18k

LHRGunslinger
May 15, 2011, 10:15 PM
You would have to have it transferred through a Class 3 FFL & fill out all the transfer paperwork & pay for the tax stamp.

hso
May 15, 2011, 10:16 PM
Gitterboosted,

If it is not already on the registry then you'd be looking at a 10 year honeymoon with your new husband Bubba in the federal pokey (now we know why they call it that). If you and your close friend was put in the same cell with you, they two of you could watch each other's backs while in prison. Somehow I don't thing the "savings" amount to the loss of income (and voting and firearms ownership and future employment) the time in prison would represent.

Dorkfish88,

To get a modern full auto AK (post '86 dealer's sample) you'd have to get the permits and licenses to actually run a legitimate business dealing in NFA weapons. That isn't a casual or inexpensive proposition and the BATFE isn't as casual about granting them as you might hope.

If you were satisfied with a registered machine gun, you could shell out the money for one of the most highly sought after NFA weapons around and pass the background check to be allowed to pay the $200 transfer tax for the $18,000 firearm.

Shadow 7D
May 15, 2011, 11:19 PM
Wait, HSO
you forgot, that after ALL the LEGAL and BUSINESS expense, not to mention the time and mind-numbing paperwork.

You then have to have a LETTER from an 'Authorized Agency' so you can get your "dealer sample" Post 86 FA firearm.

Bubbles
May 16, 2011, 07:41 AM
Not to threa jack but if a close friend of mine had one passed down to him from his now deceased father, and wanted to sell it to me, would this be legal? Because I can get it for FAAAAAAAAAAR less than 18k
Ask to see the Form 5 before handing over any money. If it's registered then you're good to go. If you both live in the same state then you don't need a dealer for the transfer, just the Form 4 and $200 transfer tax.

GoingQuiet
May 16, 2011, 01:11 PM
I sure would love a full-auto AK...:D
No such thing as a class 3 license. The term "class 3" is actually a malapropism as it's completely wrong. It is a class of taxpayer for businesses. The term "Class 3 dealer" just by definition is - dealer of Class 3, just like "Chevrolet Dealer" is dealer of Chevrolet and is thrown around incorrectly. Any FFL/SOT can transact in NFA/Title 2 firearms. I'm a manufacturer and thus a Class 2 - so when people ask me if I'm class 3, I say no I am not and then they ask for a referral as to who does. At that point I usually do a facepalm.

Trebor
May 17, 2011, 05:41 PM
Not to threa jack but if a close friend of mine had one passed down to him from his now deceased father, and wanted to sell it to me, would this be legal? Because I can get it for FAAAAAAAAAAR less than 18k

Ask to see the Form 5 before handing over any money. If it's registered then you're good to go. If you both live in the same state then you don't need a dealer for the transfer, just the Form 4 and $200 transfer tax.

What Bubbles said.

If the MG was registered before May 1986 it can presumbly be transfered.

If it was not registered, it can never be transfered, and is contraband.

Your friend needs to know the legal status of that gun before he does anything with it. He needs to get it transfered from his Dad's estate to him. If it wasn't legally registered though, it can't be legally transfered, and he will need to turn it in to the ATF through an attorney.

rtz
May 17, 2011, 06:57 PM
What will it take to undo this? A petition? Something else?

http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act

PTK
May 17, 2011, 07:33 PM
An act of Congress.

kingcheese
May 18, 2011, 04:54 AM
a work of God himself

Bubbles
May 18, 2011, 11:26 AM
An act of Congress.
A ruling from the USSC is more likely, though there are many steps that must be taken first.

PTK
May 18, 2011, 12:34 PM
True enough, the SCOTUS could indeed overturn 922(o), but I still find a repeal via Congressional action more likely. Either way, as you said, there remains much to be done before we get to that point.

Carl N. Brown
May 27, 2011, 07:57 AM
To get Congress to repeal 922(o) would require educating the general public about how the NFA registry works, so when Sara Brady shrills that the "gun lobby" wants to legalise new machine guns, the public won't panick.

For the time being, 922(o) is a monumental reminder that to gun prohibitionists, "reasonable control" is prohibition or restriction that amounts to defacto prohibition.

But, we are drifting away from the opening post.

How does one obtain a class III license?
I sure would love a full-auto AK

No license is involved in private ownership of a full-auto.

The 1934 National Firearms Act (consolidated as Title II of the Gun Control Act) is a registration and tax law. Private ownership of a Title II full-auto firearm requires ATF approval of a Form 4 transfer of registration of a full-auto firearm already registered for private ownership on the National Firearms Registry with $200 tax stamp. The registry was closed 19 May 1986 by the Hughes Amendment (922(o)) to registration of additional machine guns, freezing the pool of registered guns eligible for transfer to private owners and driving collectors' prices out the roof.

A Class 3 or 03 license is required to be a dealer in Title II firearms. Interstate transfer of registration has to go through a Class 3 dealer. Two residents of the same state can transfer registration through ATF directly by filling a Form 4 with ATF and getting approval of transfering the gun on the National Firearms Registry.

In years past, some primarily collectors would get a Class 3 dealer license to essentially build a collection of "dealers samples" but that is very difficult and very expensive. This may be the origin of the "Class III license" urban legend on private machinegun ownership. To have a class 3 license, you still have to have a bona fide business with real clients, such as the regional police and sheriff's departments, to get a Class 3 license and to get "dealer samples" of Stens, Reisings or Thompsons for demonstration purposes. It's the hard way to build a collection. I see a lot of down sides to getting a class 3 license to build a collection of dealer samples, that aren't really a personal collection.

IIRC heirs of a registered machine gun owner, get a tax discount when registration is transfered to an approved heir (you have to meet all the other requirements for a transfer of registration) but "dealer samples" cannot be inherited by a private owner.

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