"Slow is Smooth, Smooth is Fast"
WHAT ARE "CLASS 3" WEAPONS
AND HOW TO BUY THEM?
Let us attempt to explain... A simple explanation nonetheless...
NATIONAL FIREARMS ACT (NFA) OR “CLASS 3” ITEMS
First lets explain a FFL or dealer. A Federal Firearms License (FFL) is a license in the United States that enables an individual or a company to engage in a business pertaining to the manufacture or importation of firearms and ammunition, or the interstate and intrastate sale of firearms. To buy Non NFA firearms/items typically one would go to the gun store (the store has a FFL), pay, complete a background check and you leave with your new gun. In most cases the same day.
NFA items are those that require a Special Occupational Tax (SOT) Stamp issued by the BATFE (Bureau of Alcohol, Tobacco, Firearms and Explosives) commonly called the “ATF”. Most people commonly referred to theses firearms/items as “Class 3 Firearms”. These firearms/items require an extensive background check before taking possession and can take an average of nine (9) months.
Tax Class is the Special Tax Registration classification by the ATF:
A Dealer in Firearms (FFL Type 01) is classified by the ATF as Tax Class 3.
An Importer of Firearms (FFL Type 08) is classified by the ATF as Tax Class 1.
A Manufacture of Firearms (FFL Type 07) is classified by the ATF as Tax Class 2.
BUT, the type of NFA firearms/items are the same for all. You can see why most just refer to them as “Class 3”.
NFA "CLASS 3" WEAPONS/ITEMS
Short Barrel Rifles (SBR)
A Rifle with a barrel shorter than 16".
- or -
A Rifle smaller than 26" overall length.
Short Barrel Shotguns (SBS)
A Shotgun with a barrel shorter than 18".
- or -
A Shotgun smaller than 26" overall length.
Suppressors (Silencers)
A device that reduces the sound intensity and muzzle flash when a firearm is discharged.
Machine Guns (MG)
An automatic gun that fires bullets in rapid succession for as long as the trigger is pressed (i.e. One Pull of the Trigger).
MG’s manufactured before May 19th 1986 can be owned privately.
MG’s made later can ONLY be in the possession of Law Enforcement, Military or Approved Dealers, Manufactures or Importers.
NOTE: Manufacture by individuals is illegal.
Destructive Devices (DDs)
Devices such as grenades, bombs, explosive missiles, poison gas weapons, etc.
Any firearm with a bore over 0.50” except for shotguns or shotgun shells which have been found to be generally recognized as particularly suitable for sporting purposes.
Any Other Weapon (AOW)
Not limited to, but examples are: Disguised devices such as pens, cigarette lighters, knives, cane guns and umbrella guns.
OWNERSHIP
NFA items MUST be registered with the ATF. Private owners wishing to purchase an NFA item must obtain approval from the ATF, pass an extensive background check. This includes submitting a photograph and fingerprints, fully registering the firearm, receive ATF written permission before moving the firearm across state lines, and pay a tax. (NOTE: For some items transfer across state lines “means” PERMANENT transport, not temporary, like going to the range the next county over that happens to be in another state – If in doubt call the ATF). Ownership can be by an Individual, Trust or Corporation (Most common ones). Individual is one person and one person only. Trusts or Corporations are discussed below.
REGISTRATION
From the day the item was manufactured, ownership is registered with the ATF (“tracked” basically). Request for Transfer of Ownership is accomplished by submitting all the required documents and paying a $200 Tax (AOW is $5) UP FRONT! The process can take Nine (9) months to a year for individuals. NOTE: The ATF does NOT determine ownership by “who paid for the firearm”, but who it is currently registered to.
A Simple Example: You pay me $1,000 for my SBR. You pay $200 and submit your paperwork to the ATF. The SBR is my responsibility and under my ownership until your APPROVED STAMPED application is returned to ME. I then no longer own the item, per the ATF, but you do, and I transfer the SBR with the Tax Stamp to you AND MY Tax Stamp for that SBR becomes void (because I went through the same process when I bought it). The fact that you paid me $1,000 Nine (9) months ago is irrelevant in the eyes of the ATF. If you are NOT approved, then the SBR is still registered to me and the ATF does NOT refund your $200.
POSSESSION
Owning a NFA firearm is something to be proud of and can be exciting, taking your shooting to another level. Remember, the ATF approved you to own a highly regulated item LEGALLY! So having said that here are some things to remember.
The item (SBR, SBS, Silencer etc…) and the Tax Stamp never separate.
The Tax Stamp is your “Get Out of Jail” Stamp. Copies are fine. So put the original in a fireproof safe and keep the copy with the item ALWAYS. The ATF does not always keep records of issued Tax Stamps so if you lose the original and have no copies you:
1. Technically do NOT have a Stamp which technically means you are illegally in possession, and
2. May have to pay $200 and start again.
The item, the stamp and you are a threesome!
You CANNOT lend the item to a friend, e.g. give them the SBR and Stamp to go shoot for the day – That is a Two-Some. There is disagreement about letting someone shoot it in your presence. Some lawyers argue that when I hand you the gun to shoot at the range that constitutes a “Transfer”. The more common understanding is “Transfer of Ownership”, thereby letting someone else shoot it in your presence does not transfer ownership. You + SBR + Stamp = Threesome + Friend = Foursome. If you are concerned check with the ATF for clarification.
As an individual it is just you three, YOU + SBR + STAMP.
Not your wife, your parents, brother, friends etc. For Instance: You die – Sorry – Technically your wife CANNOT even pick up the SBR to sell it. The ATF could, may, probably would, consider that a crime.
Trusts and Corporations:
Trusts and Corporations have to have at least a one-person member or trustee, probably yourself. When applying for transfer of ownership the “applicant” would be the Trust or Corporation. Pay $200 and the process is the same except the Threesome is the Trust or Corp + SBR + Stamp. Any LISTED REGISTERED member of the Trust or Corp. can handle the item. It used to be that simple, just list everyone you want in the Trust or Corp. It changed of course. Now all members much submit an application and have a background check BEFORE allowed to handle the item as a member of the trust or corporation. NOTE: No Extra Fees last we checked. Remember the $200 was for the Transfer of Ownership of the Item Tax Stamp, not the person, to the trust or corporation. So now go ahead and add your wife, your parents, brother, friends etc. to the trust or corporation and any member listed in the trust or corporation can use the item themselves; But remember, they will have to submit the form, fingerprints and photograph and be approved BEFORE handling the item. Now you can make a Threesome out of anyone in the Trust or Corp. Member + SBR + Stamp = Threesome.
DISCLAIMER
That is as simple as we can make it. We tried to make this easy to understand. That in of itself means it is not all inclusive. This is in no way a legal opinion.
Always check with the ATF. Also, please check with your local and state municipalities for any further regulatory requirements. It is the buyer’s responsibility to make sure they comply with all NFA rules and applicable laws.
NFA SAFETY RECORD
According to the ATF, since the NFA was enacted on June 26th 1934, there has only EVER been One (1) crime committed with a NFA registered firearm. Ironically, it was committed by a law enforcement officer. NFA registered firearms are the safest firearms; Albeit, because they are the most regulated. Food for thought?
NFA TRANSFER - TO AN INDIVIDUAL OR TRUST
(LOCAL MISSISSIPPI RESIDENCES ONLY)
Well if you read everything above you should have a good grasp in what the process is.
To begin go to https://www.ATF.gov and download Form 4 (5320.4). Start by getting all your material together:
You will need photographs (Follow the Directions) THERE ARE THREE COPIES REQUIRED
You will need fingerprints. Call your local Police Station first to check what days they process fingerprints and how much they charge. FYI if they are not expensive, get extra/multiple copies.
Contact Us: There is information required on the Form we will have to provide.
We will help you and walk-you-through the process.
A Filing Administration Fee of $30 will be added to your order.
Remember, the item remains in our ownership until the approved stamp is returned for transfer. This can be a lengthy process (approximately Nine (9) months). We realize this can be a large investment of your time and money, and have developed a program to allow you to shoot your firearm during the waiting period. If you are interested contact us or visit our website for details. There are additional terms, limitations and fees, and we hope this service is something that will appeal to our customers.
CLICK THE LINKS TO BROWSE NFA ITEMS
AVAILABLE FOR SPECIAL ORDER
Since purchasing NFA items is a larger financial commitment and a considerable lengthy time commitment we typically do not keep them in stock. We only list items as "SPECIAL ORDER" if they are available for immediate shipment from our wholesalers.
