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Old 01-08-2013, 10:58 PM   #1
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Default Automatic Weapons Question

I have a client that has an extensive collection of firearms that date back to the 1930's to 1940's. Some of these are fully automatic and all of them were acquired from his grandfather who immigrated from Ireland. He has asked to broker the selling of this collection. Do I have to be a class 3 dealer to sell these? If not, are there any special forms that needs to be completed?

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Old 01-08-2013, 11:19 PM   #2
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You may want to run this through the BATFE Firearms Tech Branch over in Martinsburg WV, but I THINK that you may be able to sell them, but ONLY to a dealer that has the SOT to sell machine guns. You cannot have possession of them unless you have an FFL AND have a Class 3 SOT endorsement.

Phone number for the NFA branch is 304-616-4500.

Edit- Think you are near Austin. If so, a Class III dealer there you can check with-

SKOTZ ORDNANCE SERVICES
11303 RR 2222
AUSTIN, TX 78730
Phone: (512) 250-5050

Austin Gun Spot
12714 Parkland Dr
Austin, TX 78729
Phone: (512) 219-9522

Spreadfire
9410 C Anderson Mill Rd
Austin, TX 78729
Phone: (512) 547-5150

PS- I DO hope that all of the full autos have already been registered with the BATFE. If they have not, I have VERY sad news- they CANNOT be registered, are contraband, and must be surrendered to the BATFE for destruction.

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Old 01-09-2013, 02:22 AM   #3
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Originally Posted by c3shooter
I THINK that you may be able to sell them, but ONLY to a dealer that has the SOT to sell machine guns. You cannot have possession of them unless you have an FFL AND have a Class 3 SOT endorsement.
Not true, as long as they were registered before the hughs amendment, they are completely transferable to other civilians, however I don't know about the licenses needed to sell them.
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Old 01-09-2013, 02:33 AM   #4
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Not true, as long as they were registered before the hughs amendment, they are completely transferable to other civilians, however I don't know about the licenses needed to sell them.
wrong. C3 is correct. remember the NFA of 1934? C3 is refering to firearms that may have been war trophys or moved into this country when the gun laws were not nearly as restrictive as regards to importation. the Hughes Amendment only regards those manufactured before 1986. F/A firearms have always been registered since 1934. if they are not registered then they are not legal. they have to be surrendered to the ATF. no exceptions, reasons or buts!
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Old 01-09-2013, 02:41 AM   #5
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wrong. C3 is correct. remember the NFA of 1934? C3 is refering to firearms that may have been war trophys or moved into this country when the gun laws were not nearly as restrictive as regards to importation. the Hughes Amendment only regards those manufactured before 1986. F/A firearms have always been registered since 1934. if they are not registered then they are not legal. they have to be surrendered to the ATF. no exceptions, reasons or buts!
That's what I'm saying, you don't need to have an ffl to own a full auto, they just have to have been registered prior to 86 for it to be transferable to civilians
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Old 01-09-2013, 02:47 AM   #6
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That's what I'm saying, you don't need to have an ffl to own a full auto, they just have to have been registered prior to 86 for it to be transferable to civilians
there was nothing mentioned about a person having to have an FFL to own a REGISTERED NFA firearm. if the firearms had not been registered sometime in the past, then they cannot be transfered and have to be surrendered to the ATF for disposal, because they are illegal. the OP stated this collecton is from Ireland and many of the firearms are from the 1930's and 1940's. which means they may be UNREGISTERED war trophys and if so they are illegal to own and transfer.

and BTW, i seriously doubt you know more about firearms regulations than C3. he is pretty much the resident expert in firearms legalities here on the forum.
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Old 01-09-2013, 02:49 AM   #7
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there was nothing mentioned about a person having to have an FFL to own a REGISTERED NFA firearm. if the firearms had not been registered sometime in the past, then they cannot be transfered and have to be surrendered to the ATF for disposal, because they are illegal. the OP stated this collecton is from Ireland and many of the firearms are from the 1930's and 1940's. which means they may be UNREGISTERED war trophys and if so they are illegal to own and transfer.
It sounded like they had been registered here and if so they are transferable but if they were not they can only be sold to other ffl's as dealer samples
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Old 01-09-2013, 02:52 AM   #8
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It sounded like they had been registered here and if so they are transferable but if they were not they can only be sold to other ffl's as dealer samples
the OP never said one word about them being registered. he very plainly stated, his client had an extensive collection with some fully auto firearms.

now where in that sentence does it say anything about anything being "registered"?
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Old 01-09-2013, 02:54 AM   #9
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Quote:
Originally Posted by axxe55

the OP never said one word about them being registered. he very plainly stated, his client had an extensive collection with some fully auto firearms.

now where in that sentence does it say anything about anything being "registered"?
I was assuming his grandfather had immigrated here a while ago and out of common sense would have checked the laws and seen that he needed to register them and would have done so
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Old 01-09-2013, 02:59 AM   #10
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I was assuming his grandfather had immigrated here a while ago and out of common sense would have checked the laws and seen that he needed to register them and would have done so
lets put this in simple terms. do you know when this person immigrated here? do you know what firearms were in the collection? if he immigrated he might not have been aware of our firearm laws.

you have no idea as to what the details are and are making assumptions.
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