Quick question about Class 3's

**stoneCold** · May 21st, 2011, 09:38 PM

I have heard 2 different stories about obtaining a class 3 firearm. One is that you, yourself, must have a class 3 FFL to obtain one. The other is that you only need to pay a fee to the BATFE, and then just like any other firearm, you can just ship it to your local FFL (as long as they are a class 3) and pick it up. Can somebody straighten this out for me? Much appreciated.

-stoneCold

**forceinPA** · May 21st, 2011, 09:54 PM

Very simple. Buy the machine gun of choice. If it's in PA, Fill out a form 4 and send it to the ATF with a 200.00 check to pay the transfer tax stamp. If out of state there is an additional 200 tax to send it to a dealer in PA. When he get's the gun; you now send in the form4 and 2nd 200.oo tax to the ATF. NO need to be an FFL\sot.

**mike_g** · May 21st, 2011, 10:54 PM

if it is out of state another $200 stamp to get it to your PA dealer.

**GunLawyer001** · May 22nd, 2011, 12:07 AM

This is why the correct terminology matters.

A gun shop with an Federal Firearms License (FFL) can pay an additional fee and have a Class III SOT (Special Occupational Taxpayer) status, on top of the FFL. That status allows him to do things that regular FFL's can't do, like deal in NFA firearms.

A machinegun or silencer or other restricted firearm may correctly be called an "NFA firearm" (after the 1934 National Firearms Act), or a "Title II firearm" (the 1934 NFA was codified as Title II of the 1968 Gun Control Act). But don't call it a "Class III firearm", that's meaningless, like calling the General Electric TV you just bought a "WalMart TV" because you bought it at WalMart. The status of the dealer is different than the classification of the firearm.

And it leads to confusion. If I refer to TV's as "WalMart TV's", then I'll tend to think that I need to get them from WalMart, or perhaps that I'll have to own a WalMart to own one. And calling NFA firearms "Class III firearms" confuses people as to what they need in the way of "licenses" to purchase one.

There is no "license" needed to acquire a Title II firearm in PA, but there's a $200 tax stamp. (Just to confuse things, sometimes it's a $5 tax stamp, for a limited category of "Any Other Weapons" like shorty shotguns without buttstocks.)

You'll need to go through a Pennsylvania Class III dealer to get an NFA (Title II) firearm from a seller in any other state (and the seller will need a Class III dealer in his state), but there are some NFA firearms that you can buy direct from in-state sellers, after you get an approved Form 4 back from ATF. A 16" barrel M-16 doesn't require a dealer between two PA residents. But any Title II firearm that crosses state lines in ordinary commerce will have to go through Class III dealers in the seller's and buyer's states.

Finally, a lot of gun shop employees spout total nonsense about NFA firearms, they confuse the SOT with ordinary ownership. I've been told many times by clerks and proprietors that if I buy a machinegun, then ATF can visit me at home without notice or a warrant and demand to look over my inventory. Some say there's an annual fee to own MG's.

Those things apply to DEALERS only, who are subject to unannounced inspections of their business premises, and must pay fees for their FFL and SOT. Again, the confusion in terminology between "Class III" dealers and the guns they deal in, leading to false info about citizens who are NOT subject to any of the burdens applicable to FFL's and SOT's.

**hooknladder** · May 22nd, 2011, 12:32 AM

It is a little more than just filling out the forms, but not terribly bad. If you are going the individual route versus the trust route, you will need fingerprints in duplicate, passport photo, and you Chief Law Enforcement Officer must sign your forms. The signature can be tricky in some areas. This can be the police chief, sheriff, or a judge that can preside over a felony case. It all depends on where you live. AR15.com has lots of useful info and stickys for Title II firearms. If you contact an SOT they can accurately walk you through what to expect. (well most of them)