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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. Quiet

    Quiet Member

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    bouncing between the 909 & the 702
    More to it than just that.
    Need to submit a proposal/report with corresponding data as to why it should be C&R to BATFE.
    This method is how the Czech 9x18mm CZ-82 became a C&R.
     
  2. MenaceMan47

    MenaceMan47 Member

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    Class 3

    I've had to educate sooooo many people in this subject. Sooooo many people I've met ask (or say) whether you need a license just to own a machine gun. I keep telling them it's the same process as owning any other NFA item (LEO sigs, fingerprints, tax stamp, etc.). Yet, they just keep coming out of the woodwork.
     
  3. suppressedthunder

    suppressedthunder Member

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    I used 199trust.com to create my trust documents when I bought my SBR. The Docs were awesome and they were quickly emailed to me. Can't beat the price either, an attorney in my hometown was going to charge me $450 which is outrageous imo.

    Actually I am looking forward to buying a can for the SBR and I will throw that in the trust too.

    A buddy of mine used guntrustlawyer.com to buy a trust and said his cost like $350. He was pissed when I told him what I paid for mine, lol that's what he gets for not doing his research :)
     
  4. Paradigm

    Paradigm Member

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    I'm from WI, living in TN through the summer.
    Where are the exceptions?

    "http://www.atf.gov/publications/firearms/"

    This is from the ATF website. From the looks of this, the regs don't allow any FFL items in WI, period. I know this is not the case, but where are the exceptions for FFL tax stamps, class 2 licenses, ect in this document?
     
  5. Aaron Baker

    Aaron Baker Member

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    According to my research, Wisconsin allows all Title II firearms, except that machine guns are only allowed for scientific purposes (whatever that means).

    I'm not sure what we were supposed to see in that link. It's just a list of ATF forms and publications. Where does it say anything about Wisconsin? The ATF doesn't regulate which states can have what. As far as the feds are concerned, you're welcome to have it all. It's the states that restrict certain types of NFA firearms.

    I think you haven't gotten the terminology down yet. Read this thread again: FFL is a federal firearms licensee, or firearms dealer. Class 2 is a type of special occupational tax that an FFL can have if he wants to make and sell Title II firearms.

    Title II firearms are silencers, machine guns, SBSs, SBRs, destructive devices and Any Other Weapons.

    Normal everyday citizens apply for a single tax stamp for each Title II firearms he wants to own. There is not special licensing involved--just an application for a tax stamp. After a 6-month average wait, if he can legally buy a firearm, he'll be approved for the tax stamp and can take possession of the Title II firearm.

    Aaron
     
  6. Paradigm

    Paradigm Member

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    I'm from WI, living in TN through the summer.
    Exceptions, Cont

    Thanks for the info Mr. Baker, and you are correct, I messed up the terminology. Here is a more specific link. http://www.atf.gov/publications/firearms/state-laws/31st-edition/index.html
    This is the same site from the other link, just one click further. On the right there is a list of states. I looked at WI, my home state, and read the ATF's regs concerning title 2/NFA items. The reg states that these are prohibited, and I can't find the section that allows for CLEO/tax stamp/fingerprint/ect.
     
  7. tark

    tark Member

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    atkinson, ill
    Illinois is a "No way, Harvey" state when it comes to Machine guns. But I worked for a firearms manufacturer who was based in Illinois, the owner lived in Illinois.....and he had a safe full of machine guns.!! He said that he paid a thousand bucks a year (I think that was the amount) for a special tax stamp, to go with his manufacturers license, and that was that. Must have been, because our good buddies from the ATF were frequent visitors.

    I'm confused ! How was that legal? I thought that when federal and state law conflicted, the Feds always went by the more restrictive law.... And Illinois says no, you can't have one...
     
  8. Theohazard

    Theohazard Member

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    I'm guessing that Illinois only prevents individuals from having them, not dealers. Your friend is allowed to possess those items because he holds a Federal Firearms License (FFL) and has paid the Special Occupational Tax (SOT) that allows an FFL to deal in Title II firearms (and also manufacture them if they have a certain type of SOT).

    Illinois apparently allows FFL/SOT holders to possess and sell machine guns, but they probably restrict who they can sell them to (my guess is they're only allowed to sell to law enforcement, but I don't know Illinois gun laws).
     
    Last edited: Feb 1, 2017

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