A: Click here.
Q: I submitted my paperwork to the ATF for a Class III Weapon. Can I check on the status of the transfer?
A: Yes, you can call the ATF's National Firearms Act Branch at (202) 927-8330 during East Coast business hours Monday - Friday. Tell them you need to check on the "status of a transfer." You must provide the serial number and your name. If you are not the buyer or seller of the weapon they cannot release any information to you. They will either tell you that it is not in the system yet, pending, approved, or disapproved. They will not tell you why.
Q: What requirements must I have in order to qualify to own Class III weapons?
A: You will need to pass both a local and federal background check. It is more common to be denied or disqualified at the local level rather than at the federal level, because, the CLEO is not obligated to sign your Form 4. There is no "shall sign" or "shall issue" law, like there is for a Texas CHL. Basically, if you cannot qualify for a CHL your chances of obtaining a CLEO signature are close to impossible. The reason is that if they cannot trust you with a concealed handgun (whose carry is regulated by law in Texas), how can they trust you with a machine gun (whose carry is not regulated by law in Texas)? Keep in mind that persons that have been convicted of Class B misdemeanors, such as DWI, are denied CHL's and most likely would also be denied a CLEO signature.
The flipside is that just because you have a CHL this is not a guarantee that someone will give you their CLEO signature. For detailed information on what would disqualify you from a Texas CHL (not CLEO signoff necessarily), click here.
After you obtain the CLEO signature you will undergo a federal background check by BATFE. This is normally approved, unless you have issues with the federal government that were not checked or found by the local authorities (owing federal income tax, being on a "watch" list by the federal government, etc.). This federal check can easily exceed three months' time. Be patient, many have found that calling the BATFE's NFA Branch does not expedite the process. In addition many examiners will not return your phone call.
NOTE: Corporations bypass the CLEO signature process. To learn more about this click here.
Q: Do I have to pay the $200 transfer tax more than once?
A: The $200 (or $5 in the case of an AOW) tax stamp is paid upon transfer from one private person to another. The tax must be paid when ownership is transferred. So, if you purchase a machine gun in 2003, and keep it for 15 years, you only pay the $200 tax once. You do not have to pay any additional or "hidden" taxes or fees to keep the weapon.
Q: I would like to purchase a Class III Weapon from an out-of-state seller (private party or another Class III Dealer out-of-state). Do I need to have a Class III Dealer in-state handle the transaction?
A: Yes. A Form 4 (private party to private party) transfer within the same state does not require a Class III Dealer. For example, John Smith in Dallas, TX, can sell Jim Jones in Austin, TX, his transferable machine gun without the need of a Class III Dealer.
However, if the gun is coming from out-of-state, federal law requires that the gun be shipped from the seller to an in-state Class III Dealer, and then the in-state Class III Dealer completes a Form 4 transfer to the ultimate buyer. For example, if John Smith from Atlanta, GA, wants to sell his transferable machine gun to Jim Jones in Austin, TX, it would go from John Smith to a Class III Dealer in Texas, and then from that dealer to Jim Jones in Austin, TX.
Keep in mind that buying a Class III Weapon from a private party located outside the state is a two tax stamp transfer ($400 = 2 tax stamps). For this reason, a private party out-of-state selling a suppressor is usually not a good purchase (you'll probably pay more in taxes than for the suppressor itself). Buying a Class III Weapon from an out-of-state dealer also requires an in-state Class III Dealer (as mentioned above), but is only a one tax stamp transfer.
The advantage to purchasing a weapon from out of state is that you avoid paying sales tax. The advantage is clear when you are puchasing a machine gun at $8000 (8.25% sales tax = $660). One or even two tax stamps at $200 each is still less than what you would pay in sales tax. The advantage in paying sales tax for an in-state weapon is that you wait less time for the gun to be transferred to you (1 transfer is quicker than 2 transfers, by 1 to 3+ months). So, both have advantages and disadvantages.
Contact us if you would like us to be your transfer dealer. We charge a $50 fee.
Q: I am a law enforcement officer that would like to purchase a Class III Weapon. Am I exempt from any laws and will BATFE expedite my paperwork since I have already undergone a background check?
A: Police officers who wish to purchase Class III Weapons as personal assets are not exempt from any laws that are normally imposed upon private citizens. Unfortunately, BATFE does not have a separate pile for LE officers, so chances are, your paperwork will take just as long and unless it is official business, an NFA Examiner won't return your phone calls either.
Police officers are unable to personally purchase post-86 (Law Enforcement Only) machine guns. Post-86 machine guns can only be sold to the law enforcement agency. Thus, the agency could purchase the weapon on an official purchase order. After the weapon is shipped to the agency (after BATFE approval), the agency could issue the weapon to you. However, if you leave the agency you cannot keep the weapon. Basically, the gun will not belong to you, it will belong to the department and issued to you.
If you have any additional questions please email us. We will try to answer your question!