Information on purchasing weapons from a Class 3 Dealer

 

Who can own a Title II weapon?

The answer depends on several factors. The state in which you must reside (see below) must allow for the possession of the weapon(s).

Machine guns, suppressors (silencers), short-barreled shotguns,shortbarreled rifles, and any other weapons (AOWs) (smoothbore pistols, pen guns and cane guns, short-barreled weapons with both rifles and smooth bores, etc.) are classified by the National Firearms Act (NFA) of 1934 as Title II weapons. The NFA is Title II of the Gun Control Act of 1968. Title I weapons are handguns, rifles, etc.

Federal law also provides for an individual to own a Title II NFA weapon. Individuals (Non-FFL holders) may purchase and own machineguns that were made and registered before May 1986. Such machine guns are classified as "Transferable." Suppressors, short-barreled rifles, short-barreled shotguns, and AOWs may be purchased new. Non-FFL holders may only purchase an NFA weapon from a dealer or individual within their own state. If the weapon is located out of state, it must be transferred to a Class 3 dealer within the state, before transfer to the non-FFL purchaser.

Generally, you must meet the following FEDERAL requirements to own a Title II NFA weapon:

  • Be a US Citizen at least 21 years of age
  • Be of a sound mind
  • Not a person prohibited from receiving a Title I firearm
  • Never convicted of a felony
  • Pay a one-time Federal Transfer Tax on each weapon purchased ($200.00 for machine guns and suppressors, $5 for AOWs)
  • Complete BATF Form 4 in duplicate, which includes:
    1. Obtaining the signature of the "Chief Law Enforcement Officer" (CLEO) in your area, signifying that he has no knowledge that you will use your weapon for anything other than lawful purposes; and, provide a reason for the "reasonable necessity" to possess the weapon described
    2. Provide two (2) sets of fingerprints
    3. Provide two 2"x2" recent photographs

 

NOTE: Items 1 through 3 above are not required for corporate ownership of NFA weapons, reducing approval time significantly.

If you have your own corporation or are an officer in a corporation, the corporation can acquire these weapons. You, as a corporate officer, may be able to possess the item(s), take them to the range shooting, etc. just as if they were registered to you, provided you are acting within the confines of the corporation.

It should be noted that in states where it is ILLEGAL for an individual to own, carry, transport, or be in possession of a machinegun or any other NFA weapon, corporate ownership is NOT a viable option. If the corporation dissolves, the item must be transferred to another individual, corporation, or dealer. If in doubt, check with your local Class III dealer.

After approximately 90 days—during which time the FBI performs a criminal background check—you will receive your Form 4 from BATF. Only after the transfer is approved can you take possession of your item.

 

Please read this carefully:

To the best of our knowledge, restrictions of one kind or another on individual ownership exist for NFA weapons in the following states:

AL, CA, DE, DC, HI, IA, IL, IN, KS, MA, MI, MN, MO, NJ, NY, RI, WA.

There are extensive exceptions to this—especially regarding short-barrel shotguns, short-barrel rifles, suppressors and AOWs. Check with your local law enforcement agency or consult a lawyer regarding firearm laws in your area.

 

Disclaimer:

This information is not intended as legal advice, and should not be relied upon as such.

 

If you have any questions, give us a call at at 1-254-445-4006 or email Skip Smith at .