[LEO]

This is true... Furthermore.. the $200 tax has always been $200!! I am sure back in 1934 the $200 tax was ton to shell out but it is not that bad today.

The funny thing about the 1986 ban on new machine guns is that very, very few machine guns legally owned have ever been used in any crimes.

I am not clear why they decided to ban newly made machine guns from civilian purchase. Was it to limit what would be out in civilian hands and keep that number from rising?

[HeadShot]

Originally Posted by coolkeith

Someone was telling me in order to get your Class 3 license you have to get approval by your local Sheriff. Is that true or does it vary per State?

To operate as a Class III Dealer; you can expect to spend a year or so and it has nothing to do with the local sheriff. I think the fee is $500 for Class III dealer license. Check here or call the Atlanta BATFE: http://www.atf.gov/firearms/fflc/index.htm

To purchase a BATFE tax stamp for a Class III weapon that is already in the registry; it involves the signature of the local Sheriff unless you set up a living trust. Some states do not allow ownership of Class III weapons; including NY.

[HeadShot]

Originally Posted by LEO

I am not clear why they decided to ban newly made machine guns from civilian purchase. Was it to limit what would be out in civilian hands and keep that number from rising?

It was actually a last minute thing. The regulatory reform was truly about getting the ATF to stop harassing specific FFL holders. The act mandated certain compliance by the ATF; including only inspecting an FFL dealer once per year. Before that, they were harassing specific dealers in order to run them out of business. The machine gun ban was tacked on to the FFL regulatory reform; and it was done to finish what the NFA of 1934 started. This was done by the Republicans; and most notably Ron Reagan signed it into law.

[FALPhil]

Originally Posted by HeadShot

To purchase a BATFE tax stamp for a Class III weapon that is already in the registry; it involves the signature of the local Sheriff unless you set up a living trust. Some states do not allow ownership of Class III weapons; including NY.

Actually, there was a court case - and I don't have the cite handy - where the sheriff refused to sign on a transfer and sued F-Troop and won because the federal government cannot require work on the part of state and local officials without funding said work. The second suit was by the transferee, in which the court required F-Troop to collect the taxes regardless of CLEO signature. I have been told (but have no direct knowledge) that if you mention the specific cases in a letter with your tax form, that they will accept it without the CLEO signature and the funky machinations of a corp/LLC/trust.

[Tilt]

Is the signature of the cleo for approval or just to acknowledge that he knows of the device you are purchasing?

[Dgunsmith]

Neither...signature is certification there is no state or local law against you owning/possessing the NFA firearm...and that the LEO has no reason to believe you would violate the law with it.

It is NOT a permission slip and the LEO MUST by law, review the application and approve or deny it for a stated lawful reason...or you may sue him AND he may be personally liable if he violated your right to review of your application.

[LEO]

Originally Posted by Tilt

Is the signature of the cleo for approval or just to acknowledge that he knows of the device you are purchasing?

The signature certifies two things....

1. The CLEO has checked you out and does not believe that you will use the firearm for other than lawful purposes.

2. The CLEO has no information that the receipt or possession of the firearm would place the transferee in violation of State or local law.

Very few states require that you register it with the state. In my case... Virginia... The state sends a notice to the local agency where you live so they will know.

[gnoll]

so if u start a trust or LLC u can't transfer the weapon after u close the business??

[LEO]

If you dissolve the Corporation the NFA gun will need to be transferred to a person.

This WILL require the new owner to find and pay a class III dealer to submit the same paperwork as done prior but will also require a CLEO signature and the $200 tax to be paid again.

[duayne77]

This may be a dumb question but how exactly do you set up a trust so you can go around CLEO?