|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Today's Posts | Search |
|
Thread Tools | Search this Thread |
January 29, 2011, 09:49 AM | #1 |
Senior Member
Join Date: April 25, 2010
Location: Arkansas
Posts: 3,309
|
would this have been illegal?
We have a new gunshop in my area. It is heavily inventoried with military style firearms. I asked the owner if he had a Class 3 license. He said no but he could get me anything I want and he would help me fill out the registration. I'm not in the market for any C3 but got to wondering if his offer was legal. Had I innocently said, OK, get me a full-auto would I be in violation of the law by buying it from him?
|
January 29, 2011, 10:08 AM | #2 |
Senior Member
Join Date: July 20, 2005
Location: Indiana
Posts: 10,446
|
I have a feeling that the dealer probably didn't know exactly what a Class 3 lisence is. Regardless, if he doesn't have a C3, I very much doubt he'd even be able to get any NFA weapons to begin with unless he got them from a private individual.
|
January 29, 2011, 10:36 AM | #3 |
Staff
Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
|
I agree with Webleymkv in thinking that perhaps the owner didn't really know what a Class 3 license is. I haven't looked into the statutes, but my gut says, "yes, it would be illegal" for a non C3 to buy and sell a full-auto in the course of his business without it. I would also expect your purchase of same to be illegal.
|
January 29, 2011, 11:34 AM | #4 |
Senior Member
Join Date: February 18, 1999
Location: Concord, CA, USA
Posts: 726
|
There is no such thing as a Class 3 license. There is a Type 03 FFL for collectors. In order for a dealer to sell NFA firearms, he must have a Type 01 or Type 09 FFL and have paid the SOT, or Special Occupational Tax.
The Class 3 often referred to has to do with the Class 3 tax stamp used as proof of payment of the SOT. |
January 29, 2011, 12:29 PM | #5 |
Staff
Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
|
Hm. For many years, I've heard references to the "Class 3 license." Perhaps I should actually go look that one up.
|
January 29, 2011, 02:11 PM | #6 |
Junior member
Join Date: November 12, 2000
Location: Colorado Springs, Colorado
Posts: 9,494
|
He's just trying to not let a customer get away. Him saying that he can get you whatever you want doesnt mean that it would be illegal, even if he is not licensed or whatever its called now.
I do the same thing in my company. I am a mechanical contractor. One of my good customers needed a french drain installed and asked if I can do that for him. I immediately replied affirmative even though I am not licensed for underground work. Being in the trades I simply contracted a licensed collegue that I know and had him do it, he billed me, I billed my customer. I made it happen for the customer even though I could not pull the permit. I suspect something similar in your situation. Come time to do the paperwork you may get to meet his friend. |
January 29, 2011, 04:13 PM | #7 |
Senior Member
Join Date: January 26, 2009
Posts: 439
|
|
January 29, 2011, 04:55 PM | #8 |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 28,817
|
Probably just as Edward describes. If I'm a dealer, sure I can get you anything you want (as long as its legal). I might have to go through another dealer or two, but I can get anything you want, if you are paying the freight.
Fact is, I can do that without being a dealer, too. We will go through a dealer(s), but if you want to pay me to make the arraingements, I can do that.
__________________
All else being equal (and it almost never is) bigger bullets tend to work better. |
January 29, 2011, 05:08 PM | #9 |
Senior Member
Join Date: December 29, 2004
Posts: 3,351
|
If he has not paid the SOT no one will transfer a Class 3 weapon to him.
He probably has no idea. |
January 29, 2011, 05:42 PM | #10 |
Member
Join Date: December 14, 2010
Location: Da Interwebz
Posts: 69
|
I'm gonna go with Edward and 44 AMP. I work for a GC, but he doesn't have an electric or plumbing contractors license, but if wanted electric or plumbing in one of our buildings we'd just sub out the work to a lic contractor for the work that needed to be done. It's a very common practice in the "trade" industry.
|
January 29, 2011, 09:10 PM | #11 | |
Senior Member
Join Date: December 12, 2010
Location: Incline Village, NV
Posts: 535
|
Quote:
|
|
February 1, 2011, 11:02 AM | #12 | |
Senior Member
Join Date: March 31, 2008
Location: Dayton, TX
Posts: 383
|
Quote:
He does need to be a SOT 03 if he is going to be dealing in NFA items and expecting to make a profit. Copied from Quarterbore What most people mistakenly call Class 3 is properly referred to as NFA or Title 2 firearms. A Class 3 SOT dealer is a dealer of NFA firearms A Class 2 SOT manufacturer is a manufacturer of NFA firearms A Class 1 SOT importer is an importer of NFA firearms Type 1 FFL is a Title 1 dealer or gunsmith Type 2 FFL is a Title 1 dealer doing business as a pawnbroker Type 3 FFL is a licensed collector of Curio & Relic (C&R) firearms Type 6 FFL is a licensed maker of ammunition and reloading components other than Armor Piercing ammunition Type 7 FFL is a Title 1 manufacturer of firearms, ammunition and ammunition components other than NFA, Destructive Devices and Armor Piercing ammunition Type 8 FFL is an importer of Title 1 firearms and ammunition Type 9 FFL is a dealer in Title 1 firearms including NFA destructive devices, but no other NFA Type 10 FFL is a manufacturer of Title 1 firearms, ammunition and ammunition components, including NFA Destructive Devices but no other NFA, and not including Armor Piercing ammunition Type 11 FFL is an importer of Title 1 firearms, ammunition and NFA Destructive Devices, but no other NFA To get a Class 3 SOT status, you need a dealer or manufacturer FFL which includes Type 1, 2, 7, 8, 9, 10 or 11 - and pay a yearly $500 tax due every July 1st. To get a Class 2 SOT status, you need a manufacturer FFL, which includes Type 7, 10 - and pay a yearly $1000 or $500 (reduced rate for small manufacturers) tax due every July 1st. To get a Class 1 SOT status, you need an importer FFL, which includes Type 8, 11- and pay a yearly $1000 or $500 (reduced rate for small importers) tax due every July 1st. He could buy nfa items personally and pay the tax, then sell them as an individual (with a second tax paid) but that would add cost to the deal 2 tax paid transfers) and extend the wait for approval from the BATF&E by at least 2X. Approval for 2 separate form 4 transfers (somewhere around 90 to 120 days, each, on average right now) instead of a form 3 transfer (approximately 3 weeks) and a form 4 transfer to the customer.[/LIST] Joat
__________________
All things being equal, fat people use more soap. (I know I am one.) High speed, low drag does not even come close to describing ME. Last edited by Joat; February 1, 2011 at 11:10 AM. |
|
February 1, 2011, 12:40 PM | #13 |
Senior Member
Join Date: April 25, 2010
Location: Arkansas
Posts: 3,309
|
I thank you all for the replies but the discussion has drifted a long way from my original question. I think we can close this now.
|
February 1, 2011, 03:36 PM | #14 |
Junior member
Join Date: May 16, 2008
Posts: 9,995
|
I believe there are a couple of stores in my area that have deals worked out with NFA dealers so they can ?arrange the sale of items?
|
|
|