Sheriff

Discussion in 'NFA/Class 3 & FFL Discussion' started by coolkeith, May 24, 2007.

  1. coolkeith

    coolkeith New Member

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    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?
     
  2. guns4fun

    guns4fun New Member

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    Are you talking about a license to buy / make / sell as in a busness? or are you talking about owning a class 3 item for yourself?

    If you just want to own them, there is no license. there are forms you must fill out and get batfe approval ($200 tax). You do need your local cleo to sign the forms as well as get fingerprinted and passport size photo's.
     

  3. Dude

    Dude New Member

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    That seems like a lot of work for law abiding citizens to go through.

    If they can put such hoops like that in owning a full auto what about them doing it so semi-auto guns.

    Anyone know when this starting happening. The 80's?
     
  4. guns4fun

    guns4fun New Member

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    the machine gun ban started in 1986. I forget the exact month but i was too young then for it to matter. I wasn't 21 yet.

    actually, once you do a few it ain't so bad especially if you go LLC or trust. But that is a whole nother thread.
     
  5. Sambo

    Sambo New Member

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    I'm pretty sure it varies state by state.
     
  6. fullauto 45

    fullauto 45 New Member

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    :mad: May 19, 1986 a sad day in history
     
  7. LEO

    LEO New Member

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    May 1986 the ban was started. Civilians could no longer buy machine guns registered after that date. They could only buy pre-ban machine guns and now they are very expensive.

    If you form a corporation you can skip the CLEO signature requirement.
     
  8. qm2rick

    qm2rick New Member

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    Can someone explain why it is easier to own a class 3 if you go through a LLC or Trust.

    Rick
     
  9. Subgun Ordnance

    Subgun Ordnance New Member

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    If you use a LLC or Trust you dont need the CLEO signoff therefore you are and agent of the trust or llc and may use the NFA item because it is owned by either. It is a neat loophole that will be closed sooner than later. But upon dissloving the corp or trust you must transfer it in your name or sell it therefore puting yourself back at square one. I do alot of transfers through the trust for people, that seems to be something you will have forever and is not as obvious as putting it in a business (LLC)

    Later Joe
     
  10. BrassMonkey

    BrassMonkey New Member Supporter

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    Actually it started in 1934 with the passing of the NFA act. That is when machineguns, silencers, SBRs, AOWs, and destructive devices started being treated differently than other classes of weapons. The 1986 FOPA act only prohibited new machineguns from being registered......thus making all new MGs non-transferable.
     
  11. LEO

    LEO New Member

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    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?
     
  12. HeadShot

    HeadShot New Member

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    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.
     
  13. HeadShot

    HeadShot New Member

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    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.
     
  14. FALPhil

    FALPhil New Member

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    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.
     
  15. Tilt

    Tilt New Member

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

    Dgunsmith New Member

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    LE Signature

    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.
     
  17. LEO

    LEO New Member

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    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.
     
  18. gnoll

    gnoll New Member

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

    LEO New Member

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    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.
     
  20. duayne77

    duayne77 New Member

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