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You can laugh first, but I am serious

Discussion in 'NFA Firearms and Accessories' started by txhoghunter, Nov 10, 2010.

  1. txhoghunter

    txhoghunter Active Member

    Nov 8, 2010
    Ok so I have never looked into the NFA/Class III (if they are even the same thing?) and just joined THR and decided it would be a great place to start. My main question is what is a Class III license good for? And how does one go about getting one?

    Before someone says that you can not be a convicted felon, rest assured, I am not
  2. Sam1911

    Sam1911 Moderator

    Oct 22, 2007
    Central PA
    There is a "sticky" thread at the top of this forum to answer that kind of question for you (here: http://www.thehighroad.org/showthread.php?t=507319), but here's the brief run down:

    The National Firearms Act of 1934 defined certain types of firearms. Under "Title I" of that Act are rifles, shotguns, handguns, etc. that can be bought and sold by any dealer and usually traded around among private citizens, depending on state laws.

    "Title II" of that Act defined another set of firearms -- machine guns, silencers, short-barreled rifles, short-barreled shotguns, destructive devices (large bore firearms as well as explosive ordinance and chemical weapons), and "Any Other Weapons" (sort of a catch-all group for pen-guns, cane-guns, wallet-guns, smooth-bore handguns, handguns with a forward vertical grip, etc.).

    "Title II" weapons are more restricted than "Title I" guns. To purchase or make one you have to register it with the BATFE and pay a $200 tax. When you get your canceled tax stamp back (usually months later) you can take possession of (or make) your new weapon or silencer. You cannot give, lend, buy, sell, etc. that item to any other person without them filing the same paperwork. You also cannot transport most of them into another state without filing a form to do so. Many states also have special prohibitions against certain NFA Title II firearms so you'll need to make sure whatever you want is legal in your state.

    A Special Occupational Tax Class 03 dealer is a Federal Firearms License-holder dealer who has paid extra fees to be allowed to SELL NFA Title II items.

    A Special Occupational Tax Class 02 manufacturer is also an FFL who is licensed to MAKE such things.

    Each type of SOT has specific restrictions on what they can and can't do, but both licenses are for people in the business of making or selling such things -- not for private individuals who just want to own them.

    Owning any of those devices is not terribly difficult, but each one requires its own tax stamp. You aren't "licensed" to own them, each one you want to own is simply registered to you with the BATFE.
  3. TexasRifleman

    TexasRifleman Moderator Emeritus

    Feb 16, 2003
    Ft. Worth
    Ain't no such thing, next question? :)

    (Yes, the stickies are a good place to start)

    Assuming you simply want to own some of these types of firearms and not actually get in that business, the simplest thing is to just buy them and pay the $200 tax for each. If you wanted to get fancy, or live in a county with restrictive LE, you may have to form a corporate entity of some type. I'm assuming you are in Texas by your handle.
  4. PTK

    PTK Senior Member

    Mar 25, 2007
    Technically, there is. :D

    03 SOT ("class three special occupational tax") endorsement on a standard 01FFL allows the selling of NFA items. ;)

    But yes, in this context, for the purposes, it doesn't exist.

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