Basic question

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  • PurdueGunLover

    Plinker
    Rating - 0%
    0   0   0
    Mar 25, 2010
    73
    8
    Delphi
    I know nothing about class III except they are full automatic and you have to buy a license to have on. Is this correct? If correct can someone with a license convert a gun to be fully automatic. I know this is way below your knowledge level, but I do appreciate it.
     

    42769vette

    Grandmaster
    Industry Partner
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    52   0   0
    Oct 6, 2008
    15,242
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    south of richmond in
    im pretty sure you class 3 stamp only convers buying full auto or cans of? i believe there is a class 3 manufactures licence that allows you to manufacutre class 3. i believe its illegal for anyone to convert a semi auto to full auto
     

    ryknoll3

    Master
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    3   1   0
    Sep 7, 2009
    2,719
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    Let me clarify a few things for you. What is commonly called "class 3" firearms are more properly known as Title II firearms or NFA firearms.

    Firearms within this class are not only machine guns (full auto as you say), but also short-barreled shotguns (barrels less than 18" or overall length less than 26"), short-barreled rifles (barrels less than 16" or OAL less than 26"), suppressors (silencers), destructive devices (grenade launchers, mortars, etc.) and Any Other Weapons (AOW's) which are things like pen guns, cane guns, handguns with a foregrip and a few other things.

    All of these firearms are regulated by the National Firearms Act of 1934. It is legal under Federal law for a citizen to possess any of these items so long as they are registered. (It has to be legal in your state as well) There is no special license to buy, but each NFA-regulated firearm you buy or make comes with a one-time tax of $200. ($5 to transfer an AOW)

    For those in the business of selling or manufacturing these NFA-regulated firearms, there are special classes of Special Occupations Tax added onto a Federal Firearms Licenses to allow them to deal (class 3 SOT) or manufacture (class 2 SOT) NFA firearms. They can make and transfer between other SOT's tax free.

    As far as machine guns go.... in 1986 Congress passed a law that among other things closed the registration of all new machine guns for civilian ownership. You are legally allowed to possess a machine gun so long as it was registered prior to the May 1986 cutoff date. These are often called "transferables" and they start at $3,000 and go way up to 100's of thousands.

    A manufacturer with a Class 2 SOT can make or convert a firearm into a machine gun, but any new machine gun can only be sold to law enforcement or gov't entities.

    So, to answer your questions, "class III" includes a lot more than just machine guns.

    No, you do not need a license to possess "class III stuff", but you do have to pay a one-time $200 tax per item and have it registered in your name.

    Someone with an 02 SOT CAN convert into a machine gun, but not for civilian ownership.

    .... and you can not get an FFL/SOT just to add to your collection. You have to be in the business of dealing in or manufacturing firearms to get the license.
     

    shooter521

    Certified Glock Nut
    Rating - 100%
    17   0   0
    May 13, 2008
    19,185
    48
    Indianapolis, IN US
    I know nothing about class III except they are full automatic and you have to buy a license to have on.

    You're right with the first part. ;)

    "Class 3" Actually refers to the type of license you need to have in order to be a dealer in items covered under the National Firearms Act (NFA). That said, the term has come to be generically used when referring to NFA weapons, which can include machine guns, short-barreled rifles, short-barreled shotguns, AOWs and destructive devices.

    To own an NFA firearm as a private citizen (non-dealer), you need to register it with the ATF and pay a one-time transfer tax. The tax only applies to that particular item, and must be paid for each NFA item you make or register (i.e. it's not a license).

    We have some excellent threads on NFA-related topics stickied at the top of this subforum. I suggest you read them first, then report back with any additional questions you may have.
     

    ryknoll3

    Master
    Rating - 75%
    3   1   0
    Sep 7, 2009
    2,719
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    Let me give you a scenario so you can see how this process would work. I will assume a few things here.

    You decide you want a machine gun. You go on gunbroker or find in a classified listing on the internet a machine gun you want. You make payment arrangements with the seller.

    Let's say the seller is a gun shop in FL.

    You would find a dealer in Indiana with a license to deal in NFA firearms. (Often called class III dealer).

    He would send his information to the dealer in FL.

    The dealer in FL would fill out what's called a Form 3, which is an application for a tax-free transfer between dealers. He would send this to the ATF, an examiner would look it over, and upon approval (2-8 weeks), the dealer in FL would ship the machine gun to the dealer in Indiana. It is technically now registered in the IN dealer's name.

    You would go to the dealer and together fill out a Form 4 application for tax-paid transfer. Assuming you went the most common, individual route, you would get two sets of fingerprints done and have your police chief or county sheriff sign off on the application. You would write a check for the $200 transfer tax to the ATF and send off the application. An examiner would review it and upon approval (2-6 months) the dealer would get the Form 4 back with a stamp on it (an actual stamp that looks like a postage stamp) that shows that you paid the $200. At this point you would be able to pick up your machine gun from the dealer and it would be registered in your name.

    This is the most common way that these transfers are done. Sorry to be so long winded, but hope this helps.
     

    alfahornet

    Expert
    Rating - 100%
    3   0   0
    Sep 25, 2008
    918
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    I also recommend stopping by Applied Ballistics. The owner Stan is a great guy and very knowledgeable in regards to class 3.
     
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