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Offline OVERWATCH_09

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Basic firearms education, PT 1
« on: September 20, 2014, 10:57:26 PM »
Other than my wife, my one true love in life is firearms.  Small, crew served, improvised, domestic, foreign, etc.... I don't care.  With that said: 
 
You know those guys you run into at your local gun store (LGS henceforth) who talk about "class 3 weapons" & "it isn't called a silencer, it is a SUPPRESSOR".  Those folks have no clue what they're talking about and you just need to calmly nod your head, softly repeat "yea, ok, sounds good turbo", and back away. Ready for OW's quick breakdown of US firearms history & law?  Ok, good 
 
- 1934 congress passed the National Firearms Act (NFA henceforth) 
- the NFA regulates short-barreled rifles (SBR), short-barreled shotguns (SBS), "machine guns", destructive devices (DD), suppressors/silencers, and (MY FAVORITE!!) any other weapon (AOW)
- all of these are fairly straightforward in definition except AOW, which really is just a catch-all that allows the .gov to regulate anything they feel like 
- Any firearm that falls in one of the categories above is a Title II weapon 
- Any firearm that doesn't fit in an above category but is regulated by the GCA of 1968 is a Title I weapon 
 
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Hey OW, how do I purchase one of these?
 
 
Man am I glad you asked! 
- Transfers for Title II weapons require an FFL who holds a special occupational tax (SOT) 
- There are 3 different classes of SOT, of which the cheapest and easiest to obtain is a Class 3 (this is where the misnomer of "class 3 weapons" comes from) 
 
Do you feel like your constitutional rights have been trampled enough yet?   
 
 
 
- Each state is allowed to regulate Title I & II weapons as they see fit 
- These laws, as you can probably guess, are absolutely ridiculous and follow zero logic 
- In some states you can own a silencer, but not an SBS.  Others allow automatic weapons only up to a specific barrel length 
- THIS IS WHERE YOU MUST DO YOUR OWN RESEARCH, typically each state has a very devout group of folks that own NFA items.  Find your respective website or local gathering (most likely a VFW or insane asylum) and make some friends 
 
Let's go over the forms you need to be familiar with: 
 
Form 1 
- Used to manufacture a Title II weapon (such as putting a 6 inch barrel on a typical AR15 and making it an SBR)
- No FFL/SOT required
- Corporation, individual, or trust (my recommended method) will fill out the form and submit 
- Requires fingerprints, photo, 922g, & Chief LEO signoff if filing as an individual (this can be problematic in Obama territory) 
- Requires none of the above if filed as a trust or corporation (see why this is a good option?)
- $200 tax stamp required for ALL classes 
- From time of submittal to receiving approval from BATFE takes somewhere around 8 months (this should make you very angry as a law abiding taxpayer) 
 
Form 3
- Used between FFLs w/ SOT 
- Tax free 
- Shorter approval time, typically takes a month 
- Used if you want to purchase a specific item that a dealer out of state has in stock.  You pay that dealer & they fill out the Form 3 with your local dealer's information, then transfer once approved 
 
Form 4
- Used as a purchase to/from a non-FFL w/ SOT (corporation, trust, or individual)
- Important to get these forms with as much filled out as possible from your local dealer.  You're dealing with BATFE now, and they will literally deny an entire transfer due to a misplaced period or poor punctuation 
- All items have a $200 tax associated with them except AOWs, which are $5 (not only are they cheap, but there are some REALLY cool AOWs that you can own) 
- Same submittal rules as a Form 1 (photos, fingerprints, etc for individuals, none for corps or trusts) 
- Same approval time as Form 1 typically, around 8 months   
 
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OK, I've done all that.  Are there any important ground rules?
 
 
Uhhhhh, yea.   
 
- Always, always, always carry your paperwork & stamp with your Title II 
- Legally, you only have to show this paperwork to a BATFE officer.  However, since the vast majority of Deputy Fifes barely know their own local codes, they will most likely haul you off to jail if you refuse (remember, GWB and Hope and Change has brought you a more empowered police state) 
- Technically, you should not take Title II weapons out of your home state without approval from BATFE (AOW & silencers are exempt from this) 
- Under NO CIRCUMSTANCE can you loan a Title II weapon to anyone unless they are in the corp/trust it is registered through 
- Despite what any crazy weirdo says at your LGS, you do not give up any 4th Amendment rights.  BATFE is still required to have a warrant to search you or your property 
 
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You said something about the GCA of 1968 earlier. What is that?
 
 
- Long story short, it stopped the production of all automatic weapons for private ownership 
- If the automatic weapon wasn't registered before March or May of that year (can't remember, don't wanna Wiki) it is not legal to own for standard citizens 
- Supply and demand..... prices are just a tad astronomical 
- entry level is ~$5k, with the really super duper fun stuff running ~$60k 
 
This is a decent intro that every single person who owns a firearm should be required to know IMO.  If you can't pass a test about these regs, you haven't done enough research. 
 
Something else to keep in mind is that the vast majority of municipal police & sheriff's deputies do not know all of the laws & intricacies about the above subjects.  If they want to take you to jail even though you are 100% legal, you need to just let it happen and sue them into oblivion after your rights have been violated.   
 
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How do you know this stuff? Are you just making up your own interpretations?
 
 
Some of this is clearly spelled out law, other is interpretation from BATFE's branch chief's (which is essentially law once put into their official signed letterhead). Have known and spoken in detail to a few special agents regarding technicalities, of which there are some pretty funny stories.  Well..... I say funny, but the gross negligence shown by BATFE over the years would be enough to dissolve any standard corporation.
« Last Edit: September 20, 2014, 10:59:38 PM by OVERWATCH_09 »

Online Flyin6

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Re: Basic firearms education, PT 1
« Reply #1 on: September 22, 2014, 08:09:28 AM »
Well written!
Clear and understandable
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Offline JR

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Re: Basic firearms education, PT 1
« Reply #2 on: September 23, 2014, 08:07:58 PM »
FYI in the wonderful state of Kalifornia just possessing the parts to make any weapon full auto is the same as having a full auto weapon.
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Offline OVERWATCH_09

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Re: Basic firearms education, PT 1
« Reply #3 on: September 24, 2014, 09:37:04 AM »
I was actually going to attempt to address some of those nuances in another post, hence the last sentence of my OP.  As an example, are you aware that according to BATFE at one point in time, anyone who owned shoelaces & a keyring was technically guilty of intent to manufacture an unlicensed Title II firearm?   
 
That might sound kind of humorous, but anybody that has ever had even a minor run-in with the law understands that if they want to pin something on you, they will.  It is more than a little disconcerting to know that the agency who is supposed to be responsible for regulating firearms laws nationwide can't even correctly interpret their own rulings.

Offline Drunksailor

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Re: Basic firearms education, PT 1
« Reply #4 on: September 25, 2014, 03:53:26 PM »
America!!!!
-Seth

“Anyone in any walk of life who is content with mediocrity is untrue to himself and to American tradition.”
― George S. Patton Jr.

 

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