How do I get a class III?

Mrshooter

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Oct 25, 2010
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Do I need to own a gun sales business?
Where do I apply?
What is needed?


I would like to get in on this action. Can anyone help?
 

Wall

El Diablo
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Can you be more specific?
Are you wanting F/A, SBR’s, SBS’s, Suppressors?
Depending on what you’re wanting to purchase the answer will be different.

If you’re interested in owning Full Auto Weapons (who isn’t), an everyday person can only transfer a weapon made before 1986. If you are a Class 3 dealer you can have new weapons transferred to your dealer license. Those weapons are registered to the license, so if you lose or give up your license, you also give up the toys.

Normal everyday citizens can legally own SBR’s (Short Barreled Rifles-less than 16”) , SBS’s (Short Barreled Shotguns-less than 18”) or Suppressors/Silencers.

There are 2 ways to do it.
1. The easiest way (In my opinion) is by transferring the NFA Items to a Trust. You have to set up a trust & send it in with the Fee ($200) & the appropriate form (Form 1 if you’re building/form 4 if you’re buying) to the NFA Branch of the BATFE.
2. The other option is to transfer the NFA Items to you as an individual. This requires fingerprints, a background check, and signoff by your local CLEO (County Law Enforcement Officer=Sheriff). All of these have to be sent with the Fee ($200) & the appropriate form to the NFA Branch of the BATFE.


To set up a Trust there are several software options, most people use “Will Maker”. However, depending on the dealer you use, some will create the Trust for you.
Sometimes obtaining signoff approval from your CLEO can be a pain, it basically boils down to whether or not your sheriff feels normal citizens should be allowed to own such items. It is not up for debate, strictly his decision. They both cost the same fee. However, with the individual route you’ll have to pay for fingerprinting & the background check etc.

Neither option is faster than the other once the paperwork is sent to the NFA Branch of the BATFE. It generally takes about 3 months for approval. It could be longer or faster depending on which NFA Examiner your dealer is assigned to. Some examiners are much faster than others (no you cannot request which examiner works on your stuff).


Some dealers will charge a fee (I’ve seen it as much as $100) just to do the paperwork and send it in. The good ones, like Major Malfunction Munitions/M3 (plug for a great Guy/Business) will not. A good dealer (like Major Malfunction Munitions/M3) will make sure you paperwork package is complete & they will send it in for you, no charge. You do not have to choose a dealer local to you. You can use any dealer. When the approval comes back to the dealer they can send your NFA Item to you thru your local FFL. All NFA item have to remain with the dealer until approval is received.

After approval & receipt of your NFA item, a copy of the approved (stamped) form has to remain with the item at all times. If you are out shooting with it, you need to have a copy of your paperwork with you.


I hope this answers some of your questions.
 

pyplynr

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Oct 17, 2010
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k
I'm in the process of getting the will maker program. My question is...do I make just a standard trust or is there a specific kind of trust I need to use for nfa items.
 

Wall

El Diablo
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I'm in the process of getting the will maker program. My question is...do I make just a standard trust or is there a specific kind of trust I need to use for nfa items.

To the best of my knowledge, a std trust is fine.
My trust was created by the dealer & I don't believe it's anything special.
 

dustingaunder

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Nov 16, 2010
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OKC
You'll want to make a revocable living trust. You will be the grantor and trustee. You will need to pick a successor trustee and a beneficiary. The successor will have the job of transferring the property in the trust to the beneficiary upon your death. I would suggest all three jobs be a different person. I'm not sure if the successor and beneficiary can be the same person but you can't be either of them as the grantor. If you were then your trust would not be legal.

I'm not a lawyer and this isn't legal advice.
 

pyplynr

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k
What all does it take to make it a legal document? Notarized and filed with the county courthouse? I dont have any class 3 items yet, but I would like to have a trust already in play for when I start to get one. What do I need to put in it now? Just a random firearm of mine? My other class3 question is. If I want to build an AR SBR. Do I need to buy a SBR lower or can I use a rifle lower that I already have and use that one for the paperwork? Thanks
 

Wall

El Diablo
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I started my trust with a $10.00 cash line item.
Basically, just wrote $10.00 cash on the page that lists the trust assetts.

It doesn't have to be filed with anyone to make it legal.
The assetts page can be added to anytime you want to get a new NFA item.

You can SBR an existing rifle, you just can't shorten the barrel until your approved stamp comes back.
 

dustingaunder

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I place my items in the trust before I submit the paperwork. Some people do it before some after. I haven't had any problems my way.
 

pyplynr

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k
It doesn't have to be filed with anyone to make it legal.
The assetts page can be added to anytime you want to get a new NFA item.

So as long as the file is in my computer and I have a printed copy in a safe place then it's GTG?
 

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