Suppressors Supressor class 3 question

[dave1894]

My dads friend has a class 1 liscense and said they check his records every year for verification. He's telling my dad that just to buy a suppressor a class 3 is not worth the hastle because they will check you and bother you about it. Wouldn't this follow under harrassment if this was true?

If someone can fill me in as much as they can on this issue I would really appreciate it so I can provide the facts and not hear say.

Thank you very much,
Lw

 

[Trigg]

Re: Supressor class 3 question

Was your dad going to be a dealer as well? Or is he getting the dealer's license just to personally collect?

If he is just going to get a dealer's license for personal use, I'd advise against it.

http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-5.pdf

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">5.2.6 Collectors acquiring NFA firearms for their personal collections by acquiring dealers’
licenses and paying NFA special tax. Some NFA firearms collectors, who are not engaged in any
firearms business, have been known to acquire a GCA license to deal in firearms and pay the NFA
special tax to acquire NFA firearms for their personal firearms collections. They do so for a number of
reasons: (1) to acquire firearms from nonlicensees residing out-of-state; (2) to circumvent requirements
imposed on individuals to provide their fingerprints and photographs in order to receive NFA firearms
and law enforcement certifications authorizing their receipt of such firearms; and (3) to avoid NFA
transfer tax on firearms they receive from FFLs/SOTs.


Warning: These transactions violate the law and can only lead to trouble for the collector. In these
instances, the collector has committed Federal felonies by falsely stating on a license application and
special tax return that the collector intends to conduct a firearms business. Any NFA firearms received
tax free by the collector are subject to transfer tax and the collector’s receipt of the firearms tax free
violated the NFA. As held in ATF Ruling 76-22, these transfers are unlawful and the firearms received
are subject to seizure and forfeiture.</div></div>

I went the trust route.

 

[dave1894]

Re: Supressor class 3 question

Sup Trigg

I was under the assumption that you had to have a class 3 to purchase and own a supporessor. I'm guessing you only need a class 1 to achieve this? I understand that you pay your $200 fee for paperwork and background and a few dollars at the sherriffs office and you just have to wait it out.

That sound about right?
Thanks again,
Lw

 

[Hink]

Re: Supressor class 3 question

A class 3 license is not required to own a suppressor for personal use. Neither is a class 1 license.

If purchasing a new suppressor, the applicant (not the manufacturer) completes the form 1 (see below) and obtains the signature of the chief law enforcement officer of the area. The applicant includes this form 1 along with photo ID and fingerprints all in duplicate and sends both copies to the local BATFE investigator along with the $200 for the tax stamp. Once the investigation is complete, one copy is held for ATF records and the other copy is returned to the class 3 dealer (for a new can, this is the manufacturer) with the tax stamp affixed. At this point, the applicant can get the can and stamp from the manufacturer and everything is legal.

BATFE Form 1

 

[Trigg]

Re: Supressor class 3 question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: hink</div><div class="ubbcode-body">A class 3 license is not required to own a suppressor for personal use. Neither is a class 1 license.

If purchasing a new suppressor, the applicant (not the manufacturer) completes the form 1 (see below) and obtains the signature of the chief law enforcement officer of the area. The applicant includes this form 1 along with photo ID and fingerprints all in duplicate and sends both copies to the local BATFE investigator along with the $200 for the tax stamp. Once the investigation is complete, one copy is held for ATF records and the other copy is returned to the class 3 dealer (for a new can, this is the manufacturer) with the tax stamp affixed. At this point, the applicant can get the can and stamp from the manufacturer and everything is legal.

BATFE Form 1 </div></div>
A Form 1 is if you are making and registering an NFA item. If you were going to purchase one that was already made, it would be a Form 4 (application for tax paid transfer and registration).

 

[BookHound]

Re: Supressor class 3 question

Perhaps this will help...

http://www.politesocietyinc.com/cgi-bin/imcart/read.cgi?article_id=2&sub=9

Mark

 

[m1garand30064]

Re: Supressor class 3 question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: BookHound</div><div class="ubbcode-body">Perhaps this will help...

http://www.politesocietyinc.com/cgi-bin/imcart/read.cgi?article_id=2&sub=9

Mark </div></div>

Welcome to the hide Mark! I've seen you on several other sites and I'm glad you found your way here! I hope business is good these days!

 

[JSTARSZ]

Re: Supressor class 3 question

I just did this last week in VA. The dealer you are working with gives you a Form 4 to get filled out - Fingerprints, recent photo and the signature from your local Senior Law Enforcement Officer which in my case is the local Sheriff. After that you can send your $200 dollars to the ATF that will in turn do a background check on you and will give the approval stamp to you after 2-6 months depending on lots of variables. It is an actual big stamp. You don't need a license to maintain a suppressor. You just have to go through a dealer to get one and the ATF.

 

[ARCOREY]

Re: Supressor class 3 question

Is the stamp for you as a person or for each suppressor you obtain?

 

[Lowlight]

Re: Supressor class 3 question

It' s just for the suppressor, you have to file new paperwork for every class III item you buy.

it's $200 each time

 

[ARCOREY]

Re: Supressor class 3 question

Thanks Frank, was always unsure of that.

 

[BigDKC]

Re: Supressor class 3 question

Just throwing this out there, and I have no clue about CO state laws, but some of the difference between your dad's friend and what is being stated here may in fact be based on STATE law.

That is the case here in MO where I reside, in order to obtain NFA items, you MUST possess an FFL of some type. This is in addition to the federal laws and regulations that everyone has to go through.

We cannot use the trust route in MO either, but an LLC is an option if you dont mind the extra costs and paperwork involved, but the LLC still has to apply for an FFL of some type.

What most do is apply for an 03 C&R FFL, which is a curio & relics collectors license and only costs $30 for 3 years. This the cheapest easiest solution to be on the up and up with the FFL requirements set forth by the state. It sounds like this might be what your dad's friend was talking about..