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How do you own a fully auto weapon?

Discussion in 'NFA Firearms and Accessories' started by XxWINxX94, Mar 3, 2010.

  1. XxWINxX94

    XxWINxX94 Well-Known Member

    Hey all.
    I'm a gun collector who collects bolt guns and hunting rifles, but have never had any expirence with a "Class III" weapon of any sort. I do not have any intentions of purchasing one as I live in Cook County, Illinois and that wouldn't fly. Secondly, I know they cost a fortune and I'm happy with my $100 Mosin Nagants :D.

    I know the law differs from state to state, but if anyone could tell me what sort of things you have to do to own an automatic weapon of any sort, that would be great, because I'm really curious.
  2. 1KPerDay

    1KPerDay Well-Known Member

    If you live in a free state:

    1. get the local law enforcement guy to sign a form saying you're okay (county sherrif in my case)
    2. get fingerprinted/photographed/background checked/anal probed by the local cops
    3. fill out paperwork and include all photos/fingerprints and have your dealer send that along with a check for $200 (for full-auto or suppressor) to BATF
    4. wait
    5. dealer gets approved paperwork with tax stamp embossed, transfers you the weapon
    6. buy lots of ammo. :)

    there may be variations but that's how I remember it in my case.

    note that "civilians" can only own full-auto weapons that were made before some time in 1986. We can own new suppressors, short-barreled rifles, short barreled shotguns, though.
    Last edited: Mar 3, 2010
  3. XxWINxX94

    XxWINxX94 Well-Known Member

    Ok. I seem to understand.
    So you really need to speak to/fill out forms with the county sheriff about it, if Class III is legal in your county. Then fill out the check to the BATF. Do they give you some sort of paperwork or license? I'm assuming they have to in order to have you on file, etc.
  4. kingpin008

    kingpin008 Well-Known Member

    Totally aviodable if you go the Trust route.

    Once again, this is not necessary. In some localities, while it is 100% legal to own NFA weapons, the local LEO will not play ball. That's why there's the option of forming a Trust.

    Yes. When you are approved, you will get your form back, along with a canceled "tax stamp" which you must retain as long as you own the item. You must also have a copy of this paperwork with the weapon any time it's outside of your home.
  5. Gary G23

    Gary G23 Well-Known Member

    I don't know about Cook County but when I lived in Illinois I was a Class III dealer. That is the only way to own automatic weapons in Illinois. It costs $500 a year for the Special Occupational Tax Stamp though.
  6. Sam1911

    Sam1911 Moderator

    You should probably mention the costs, responsibilities, etc. of first having to be a Type 1, 2, etc, etc., FFL.

    Unless you're going to make a career of the gun dealing or manufacturing business, this isn't a quick route to enjoying Title II firearms.

    Basically, you can't be a "hobbiest" 001FFL/03SOT.

  7. Sam1911

    Sam1911 Moderator

    To the OP...

    The first step, IMHO, is locating a "Class 3" dealer in your area. Go talk to him/her about your interest in owning a machine gun and he/she will explain exactly how to do it and whether the local CLEO is favorable.

    Next step is FINDING something you want to buy. As mentioned, after '86 the registry was closed. If a machine gun wasn't registered to a civilian before that date, you CAN'T buy one. So, there is a very finite number of "transferrable" MG's in the country. Only some of those are going to be for sale at any moment. You have to locate one that you actually want enough to pay the (mind-boggling) cost to aquire. Set aside something between $4,000 and $150,000, depending on your tastes.

    Once you've located the gun you want to buy, you make the financial arrangements. I believe 50% cash up front is customary. When that's taken care of -- and probably AFTER your dealer has transferred the gun you're planning to buy into his custody -- THEN you fill out the "Form 4," get your photos, prints, and CLEO signature. (Or do the Trust thing.)

    Send it off and then you wait. Some time, probably 4-8 months after you file, you'll get your approved paperwork and cancelled tax stamp back. Pay the dealer the balance of what you owe on the gun and it's yours to take home.

    (I probably should add, depending on your state you may also have to register it with the state once you take posession of it. Places like MD...)

  8. Blakenzy

    Blakenzy Well-Known Member

    Can someone explain the "Trust" route? It is the first time I have heard of it. Is it something like creating a corporate or legal entity?
  9. Sam1911

    Sam1911 Moderator

    You can set up a "Revocable Living Trust" (at least I think that's the right kind...somebody correct me if wrong) and that Trust can own the weapons instead of you, personally. You (and others you might name) can be officers of that trust and may possess the weapons.

    Everything else is the same, regarding the Form 4 or Form 1, except that you won't have to have a Chief Law Enforcement Officer's signature.

  10. kingpin008

    kingpin008 Well-Known Member

    Blakenzy - do a search here, it's been discussed many times before in great detail. :)
  11. Gary G23

    Gary G23 Well-Known Member

    Absolutely. I don't even recommend becoming a 001FFL unless you are planning on doing it full time. Not worth the hassle.
  12. Sgt. Stiglitz

    Sgt. Stiglitz Well-Known Member

    Because it is fun! And I can!


    My You Tube video of the MK in Action..........




    My suppressor is in my trust but I didn't have it yet when I bought the MK........

    "The problem with Socialism is that eventually you run out of other people's money." - Margaret Thatcher
    Last edited: Mar 6, 2010
  13. TexasRifleman

    TexasRifleman Moderator Emeritus

    Exactly. And, since these entities are not "people" there is no requirement for the law enforcement signature.

    The LE signature isn't really "permission" exactly, it's just a statement that says the LEO has no reason to believe you should not be allowed to own such a weapon.

    It's kind of ridiculous that some LE won't sign it. Pretty stupid actually.

    They have the opportunity to know who has them if they sign. If they refuse to sign we go the trust route and they are never notified again that we're getting them.

    Pretty stupid not to sign... but many still refuse.

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