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Old 05-28-2004, 03:22 PM   #1 (permalink)
"Officer, I was in fear for my life"
 
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Location: Oklahoma City
What it takes to own a Type 2 (Class 3) Firearm:

This is an informative post, but mainly I wanted a place to put this info so I could link to it everytime someone in the Politics forum says that every Tom, Dick and Harry can get a Full Auto because the AWB looks like it's going to sunset.

Type 2 firearms are also called class 3. They include fully automatic weapons and silencers.

Here are the steps a person must take to legally own a Type 2 (Class 3) Firearm:

1) Find a class 3 dealer. Not as easy as you might think. Class 3 dealers mus first have their FFL (Federal Firearms License) and be doing business. Then on top of the fee they pay for this, they must pay $500 per year to be able to sell calls 3 items.

2) Find a class 3 item you want to purchase from said class 3 dealer.

3) The dealer puts the item on hold for you and fills out some paperwork. Dealer then gives you the paperwork.

4) You take the paperwork to your local law enforcement and have them sign it. Basically saying they don't think you are going to go tearing up the neighborhood with it.

5) You send $200, a set of fingerprints, and a passport photo to the A-T-F.

6) The A-T-F does a more extensive background check on you. If approved, they draft a letter that includes a color copy of your passport photo as part of the letter along with your finger prints.

7) The letter is sent back to the store owner along with a tax stamp. The store owner must contact you with 48 hours of receiving this letter.

8) You go back to the store and pay for the item, usually these items start at $600 - $800 plus the $200 you already spent.

9) Store owner sells you the item and gives you the letter and tax stamp. The letter and stamp MUST remain with the purchased item at ALL times. Smart people make their first stop a Kinko's and get color copies. Then they go to the bank and put the original in the Safety deposit box.

10) The A-T-F has every right to verify the letter and tax stamp are with the item you purchased any time they want.

Every Class 3 item you purchase costs you an additional $200 for the tax stamp.
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Last edited by hrdwareguy; 05-28-2004 at 03:25 PM..
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Old 05-28-2004, 05:16 PM   #2 (permalink)
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check this out if anyone actually wants to own a machine gun. This is going to hurt your wallet however... BADLY.

http://www.impactguns.com/store/machineguns.html
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Old 05-28-2004, 08:51 PM   #3 (permalink)
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Damn, the M2HB is already sold...
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Old 05-29-2004, 06:36 AM   #4 (permalink)
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The msiconception that any Joe schmoe can go and buy an assault rifle when the ban sets seems to be pretty wide spread. People just assume that they will sell just like any other rifle, and we all know what happens when you assume!
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Old 05-29-2004, 07:33 PM   #5 (permalink)
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Location: Maine, the Other White State.
See? Anyone CAN get one. As long as you're a middle to upper class white male, and your local police like you. [/joke]

Sorry, it slipped out. Seriously, though, that's really interesting. I didn't know there were so many checks. I knew it wasn't *easy* to get assault weapons, but I didn't know it was quite so hard. Thanks for the information, hrdwareguy.
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Old 05-29-2004, 08:19 PM   #6 (permalink)
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I'm also pretty surprised that something as base as a M16A2 can run 20 thousand!
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Old 05-31-2004, 08:59 PM   #7 (permalink)
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Is there a recurring background check or spot checks at all? I would think that it would be sensible to check up on people every few years and make sure they're upholding principles of responsible gun ownership

edit: nevermind, I found the answer.
Quote:
The law allows the ATF to inspect your records and
inventory once every 12 months without any cause, and at any point
during the course of a bona fide criminal investigation (18 U.S.C.
sec. 923(g)). They may inspect without warning during business
hours. The only modification of the above pertains to the C&R FFL
(type 03) where ATF must schedule the inspection, (C&R FFL holders
do not have business hours) and they must have the inspection at
their office nearest the C&R FFL holders premises, if the holder so
requests. ATF may look around the licensed premises for other
weapons not on your records. This means they take the position
that if your licensed premises are your home they may search it, as
part of the annual compliance inspection.
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Old 06-16-2004, 02:05 AM   #8 (permalink)
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http://www.impactguns.com/store/uzi_micro.html


one more year and 5K away till i own one of these
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Old 06-16-2004, 05:43 AM   #9 (permalink)
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Quote:
Originally posted by cheese
http://www.impactguns.com/store/uzi_micro.html


one more year and 5K away till i own one of these
Better make it a year and a half by the time all the paper work gets done
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Old 06-16-2004, 08:50 AM   #10 (permalink)
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Just a point of order,

There really is no such thing as a "silencer".

They are properly called "suppressors".

But this is a great post with a lot of good info.
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Old 06-16-2004, 09:37 AM   #11 (permalink)
"Officer, I was in fear for my life"
 
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Location: Oklahoma City
Quote:
Originally posted by Lebell
Just a point of order,

There really is no such thing as a "silencer".

They are properly called "suppressors".

But this is a great post with a lot of good info.
You are correct....most people have no idea what a suppressor is, they just call them silencers.
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Old 06-16-2004, 09:40 AM   #12 (permalink)
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I believe there is also a $500 per year fee for each weapon.

But this is like a buying a Corvette. If you have to ask how much insurance will cost, then you can't afford one.

There can be some limiting factors caused by state and local regulations. You may not be permitted to store or fire the weapon. If you _can_ have it, you may be required to store it in a real safe.

It might be a good idea to do some checking.
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Old 06-16-2004, 09:41 AM   #13 (permalink)
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Quote:
Originally posted by CrazySaturn
I'm also pretty surprised that something as base as a M16A2 can run 20 thousand!
Maybe where you buy yours, they're $20K. In the back alley where I buy mine, they run about $600. ;-)
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Old 06-16-2004, 11:02 AM   #14 (permalink)
"Officer, I was in fear for my life"
 
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Location: Oklahoma City
Quote:
Originally posted by tropple
I believe there is also a $500 per year fee for each weapon.

There can be some limiting factors caused by state and local regulations. You may not be permitted to store or fire the weapon. If you _can_ have it, you may be required to store it in a real safe.

It might be a good idea to do some checking.
The $500 dollar yearly fee is for the business that sells class 3 devices. For the purchaser there is only the one time $200 fee per item and then the paperwork headache after that.

I know of no state that overrides federal law when it comes to owing firearms. Not saying this isn't possible, just don't know of any myself. Checking is always good. If you know of any of these states I would like to know which ones they are.
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Old 06-16-2004, 01:51 PM   #15 (permalink)
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Location: Sexymama's arms...
Quote:
Originally posted by tropple
Maybe where you buy yours, they're $20K. In the back alley where I buy mine, they run about $600. ;-)

That's a great way to win an all expense paid vacation to "Club Fed".
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Old 06-17-2004, 03:27 AM   #16 (permalink)
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Quote:
Originally posted by hrdwareguy
The $500 dollar yearly fee is for the business that sells class 3 devices. For the purchaser there is only the one time $200 fee per item and then the paperwork headache after that.

I know of no state that overrides federal law when it comes to owing firearms. Not saying this isn't possible, just don't know of any myself. Checking is always good. If you know of any of these states I would like to know which ones they are.
Thanks for setting me straight on the stamp. I thought it was a yearly thing for an owner.

California does, and I think that New Jersey also has some oddball crap going on. The thing with the laws are that they are not supposed to be laxer than a federal law, but may be more restrictive. California sucks.


Quote:
Originally posted by Lebell

That's a great way to win an all expense paid vacation to "Club Fed".
If they actually tried and imprisoned everyone on _all_ of the involved firearms laws that were broken related to a single incident, the average sentence would probably be about 100 years ;-)

Most times, firearms violations aren't even considered.
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Old 06-17-2004, 05:57 AM   #17 (permalink)
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Location: Oklahoma City
Quote:
Originally posted by tropple

If they actually tried and imprisoned everyone on _all_ of the involved firearms laws that were broken related to a single incident, the average sentence would probably be about 100 years ;-)

Most times, firearms violations aren't even considered.
Proof that we don't need more gun control, just need to enforce the laws we have.
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Old 06-17-2004, 09:58 AM   #18 (permalink)
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Quote:
Originally posted by hrdwareguy
Proof that we don't need more gun control, just need to enforce the laws we have.
I couldnt agree more, a new law is just another sentence in the book that noone reads.
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Old 06-17-2004, 04:26 PM   #19 (permalink)
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Quote:
Originally posted by tropple
The thing with the laws are that they are not supposed to be laxer than a federal law, but may be more restrictive. California sucks.
Massachusetts is no picnic either.


Quote:
If they actually tried and imprisoned everyone on _all_ of the involved firearms laws that were broken related to a single incident, the average sentence would probably be about 100 years ;-)

Most times, firearms violations aren't even considered.
I think when it comes to assault weapons they're a bit more strict.
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Old 06-17-2004, 07:50 PM   #20 (permalink)
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Quote:
Originally posted by hrdwareguy
I know of no state that overrides federal law when it comes to owing firearms. Not saying this isn't possible, just don't know of any myself. Checking is always good. If you know of any of these states I would like to know which ones they are.
As far as I know, it's illegal to own any .50 caliber weapon in CT.
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Old 06-23-2004, 12:52 PM   #21 (permalink)
"Officer, I was in fear for my life"
 
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Location: Oklahoma City
Quote:
Originally posted by tropple
California does, and I think that New Jersey also has some oddball crap going on. The thing with the laws are that they are not supposed to be laxer than a federal law, but may be more restrictive. California sucks.
/me pulls out his big book of gun laws

California - good through 2002 Regular and 3rd Extraordinary Sessions (so my book is a little old...it's better than nothing though)

they have this (paraphrased) to say about machinegun ownership:

1) Unless you are law enforcement, military or the like, you have to have a permit.

2) You have to show good cause for the permit to be issued.

3) You pay an application fee, the permit is good for one year.

4) You have to renew your permit annually. There is not a fixed cost for this, it is based on the cost of the DOJ to process the application. It can be increased by the annual cost-of-living rate for the department's budget.

5) Must keep permit on you or at storage location. It shall be open to inspection by any peace officer.

6) Permits can be revoked when you do something bad or when the issuing authority deems the need has ceased.

7) Annual inspection for security and safe storage. If you own less than 5 permit items they can go once every 5 years or more frequently.

8) Silencers/Suppressors are illeagel

New Jersey (paraphrased)- good through Jan 9, 2003

1) You have to apply for a permit

2) Application fee of 75.00, good for 2 years then you have to re-apply.

3) You have to show good cause

4) If you die, your heirs have 90 days to get rid of the gun.

5) Revoked if they don't think you need it or you do something bad.

6) Suppressors/Silencers are illeagel

Massachusetts (paraphrased) - good through Jan 1, 2003

1) Gotta have a license to own any gun

2) Unless you are law enforcement or a manufacturer, silencers/suppressors are illeagel

3) No mention that I could find about other restrictions regarding the ownership of machineguns.
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Old 07-01-2004, 08:23 AM   #22 (permalink)
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Can you look at that big book of gun laws and see what CT says on rifles and shotguns for home defense and target shooting? I can't get a straight answer around here.
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Old 07-01-2004, 10:04 AM   #23 (permalink)
"Officer, I was in fear for my life"
 
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Location: Oklahoma City
Quote:
Originally posted by MrSelfDestruct
Can you look at that big book of gun laws and see what CT says on rifles and shotguns for home defense and target shooting? I can't get a straight answer around here.
The only think I can find, as far as the state goes, as far as ownership goes is that you can not store a loaded firearm on a premisis you own if a minor is likely to gain access to it. The state has much the same legislation in place as the AWB also.

Other than that, it's pretty standard stuff, no trasporting of loaded firearms, no fake firearms.

Hartford and New Haven have some municipal laws, but I didn't see any regarding rifles and shotguns.

If you want to get a copy of it, contact the state, or go to a library, and look at Title 29 Public Safety and State Police. Sections 29-27 through 29-38. Also look at Title 53 Crimes. Section 53-202 through 53-206a. And title 53a Penal Code, Sections 53a-3 through 53a-217c.
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Old 07-04-2004, 09:18 PM   #24 (permalink)
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Old 07-06-2004, 05:59 AM   #25 (permalink)
"Officer, I was in fear for my life"
 
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By stipulating law enforcement, then charges can not be brought against police departments for violating the law. It's legal-ese.

Also, there's the whole deal of buying weapons that are hard to come by in California and trasporting them across state lines.

Some states have laws agains supressors period, others don't. It's all legal here in Oklahoma.
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