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

Discussion in 'NFA Firearms and Accessories' started by hso, Feb 23, 2010.

  1. hso

    hso Moderator Staff Member

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    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.
     
    Last edited: Feb 24, 2010
  2. waterhouse

    waterhouse Member

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    Thanks for putting this together. I know no one reads stickies, but at least now I can just point to it.
     
  3. TexasRifleman

    TexasRifleman Moderator Emeritus

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    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.
     
  4. hso

    hso Moderator Staff Member

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    Thanks TR, that did need to be added.
     
  5. devildog32713

    devildog32713 Member

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    I read stickies, thanks for posting, It would have taken me forever to find all this somewhere else.
     
  6. Bullnettles

    Bullnettles Member

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    Thank you for posting this! Question, where would one find a link to ALL the states FFL codes?
     
  7. N7QVU

    N7QVU Member

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    "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...
     
  8. Bullnettles

    Bullnettles Member

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    Ahhh, thank you!!!
     
  9. jhallrv4

    jhallrv4 Member

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    "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
     
  10. CoRoMo

    CoRoMo Member

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    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
     
    Last edited by a moderator: Jan 3, 2011
  11. Blachard

    Blachard Member

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    Man, Washington can't have anything cool.
     
  12. ronzorelli

    ronzorelli Member

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    It IS a good thing...

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

    Samari Jack Member

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    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.
     
  14. dirt_j00

    dirt_j00 Member

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  15. CoRoMo

    CoRoMo Member

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    eta: updated
     
    Last edited: Jan 3, 2011
  16. red caddy

    red caddy Member

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    SBR question

    Posted in error
     
    Last edited: Mar 17, 2011
  17. mortablunt

    mortablunt Member

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    I can't and don't have an FFL yet. Thanks for the thread, OP. It makes a hell of a lot more sense than the ATF website.
     
  18. scottieb0623

    scottieb0623 Member

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    You are correct!

    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.
     
  19. Chewy1501

    Chewy1501 Member

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    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?
     
  20. CoRoMo

    CoRoMo Member

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    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.
     
  21. Chewy1501

    Chewy1501 Member

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    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.
     
  22. dnmccoy

    dnmccoy Member

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    Any links to more info on NFA trusts?
     
  23. Patriot1/3

    Patriot1/3 member

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    LOL,it's amazing some things people post on this websight.
     
  24. hobodemon

    hobodemon Member

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    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?
     
  25. C'Thulhu

    C'Thulhu Member

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    So a local museum curator can declare ANY gun a C&R gun? I'm curious about this.
     

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