Class 3 guns?

[crazed_ss]

Quick question about Class 3 guns. I'm having an argument with antis on another board. One guy is saying private citizens who own full-auto stuff must submit to random inspections at anytime and that a "license" is required to own them.

Can anyone give me a quick primer on this.. being in CA, I never even looked into the issue really. IIRC, you have to fill out a bunch of ATF paperwork, wait a bunch of months, and pay for a $200 tax stamp.

What about the inspection thing.. can the feds just bust in and inspect privately owned machineguns whenever they want?

 

[cbsbyte]

There is no Federal license besides the paper work and stamp. But some states, for example Mass, do require Class 3 owners to get a state license. I believe it the guy might be right about the inspections though they are random they call you ahead of time to make sure your home.

 

[Henry Bowman]

He may also be confusing with an SOT (Special Occupation Taxpayer), which is like a class III dealer license.

 

[Derby FALs]

ATF may only compel you to show an agent upon request the registration paperwork, that is the Form 1, 2, 3, 4, 5 or whatever else might have been used to register the weapon. See 26 U.S.C. sec. 5841(e). They do not have any right to compel you to produce the weapon. As always the Fourth amendment applies, and ATF may not enter your home or other place of storage of the NFA weapon, nor seize the weapon, without a warrant, or without falling under an exception the Supreme Court has created to the operation of the Fourth amendment, or withoutyour consent.

The "license" is actually a transfer tax paid to the Treasury. The original of the paperwork should be kept in a safe place. ATF can demand to see the form. On a tax paid transfer, ATF puts a tax stamp, like a postage stamp (or like the one that caused the American colonists to take up arms), on the document. Once it is used you cannot get another. ATF can supply a copy of the form should you lose one, but is not unheard of for ATF to have no record in their computer of a weapon registered to you. Having the paperwork can avoid a lot of hassles. Every effort should be made to not lose it.


http://www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/nfa_faq.txt

 

[mp510]

I believe that a few states require one to be a dealer or mfger inorder to have nfa items.

 

[crazed_ss]

Ahh ok.. thanks guys. I was just looking a classIII stuff on gunsamerica.com. Mac-11's arent almost affordable. I think it'd be cool to get one just because. Too bad im in CA though.. lol oh well.

 

[Punkermonkey]

Crazed_SS,

California requires an additional Dangerous Weapons Licensee/Permit. This is the application for the permit. There is a section in the code that does provide for inspection however, I don't believe it is random.

 

[El Tejon]

How do the antis know this Gunshoppe Commando rumor?

 

[jnojr]

California requires an additional Dangerous Weapons Licensee/Permit.

True... but they never issue those permits. Except to movie prop houses.

 

[DoubleTapDrew]

I'm surprised they even have an application process for NFA stuff in CA! Seems like they'd just laugh if you asked if you could own one there.
Do they have it in spanish?

 

[Frog48]

True... but they never issue those permits. Except to movie prop houses.

The guns in movies are real, working firearms? I always thought they were fakes?

 

[crazed_ss]

How do the antis know this Gunshoppe Commando rumor?

After a couple pages of bickering, the guy revealed that he is a gun owner. He owns a bunch of surplus guns. Basically he was arguing that every gun purchase should be as hard as class III purchases.

 

[SuperiorMarksman_18]

What's the big deal with machine guns? Wow, you can fire so many bullets so fast! That must make the gun so much more dangerous, right? Wrong! A whopping two people have been killed by legal ones since 1934.

 

[saltydog]

California requires an additional Dangerous Weapons Licensee/Permit

I think you need a WMD license in California if they even isssue them to there local pesants. California has a reputation of its leaders having severe mental problems.

 

[TexasRifleman]

One guy is saying private citizens who own full-auto stuff must submit to random inspections at anytime and that a "license" is required to own them.

In Texas that's absolutely not true from either a Federal or State level, and there most certainly isn't a "license" to own them.

A whopping two people have been killed by legal ones since 19

And in one case the trigger was pulled by a cop

 

[Cacique500]

Have him read this: http://www.titleii.com/BardwellOLD/nfa_faq.txt

 

[mp510]

True... but they never issue those permits. Except to movie prop houses.

Actually, there are other dealers and mfgrs. that get them too. IIRC, Beeman (back when it was still family owned), had one for machine guns that were used for scope testing.