Much of the popular information about owning Class III weapons is incorrect. We have put this section together to correct this information, and to show how Allen Arms, as a registered Class III dealer, can assist in the acquisition of these controlled items. This section will apply only to Class III items. The defensive and precision rifles fall under standard firearms regulations, as long as barrel length meets the mandated minimum.
In 1934, in response to criminal use of these items, Congress passed the National Firearms Act. This Act required the registration of, and a special tax on, certain types of firearms and equipment. These included full auto firearms, short barreled firearms, and silencers. The tax was $200 in 1934, and is still $200 today. In 1934, $200 was a huge deterrent to owning one of these items, as the average firearm only cost $10-$40. Of course, criminals immediately quit using these weapons when these restrictions took effect. (humor) But that is another story. In respect, inflation has made this fee much less of a deterrent than it was originally.
All the other requirements of the Act are still in effect. Requirements of a purchaser include:
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Must be at least 21 years old.
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Be of sane mind.
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Not be an abuser of drugs or alcohol
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Never have been convicted of a felony
To acquire one of these items, the purchaser will need to pay a $200 Transfer Tax on each item. This is a one time fee, good for as long as you own it. Also required is a BATFE Form 4 and a Certification of Compliance form. Allen Arms can assist in the completion and application of the forms, to the point that all the buyer has to do is certify they are correct and sign. More on the services we provide later.
Allen Arms cannot transfer a Class III item to a resident outside of South Carolina, but we can transfer a purchase to a local Class III dealer who can complete the transfer. We can sell directly to Law Enforcement agencies anywhere inside the U.S. Due to the nature of the business, we cannot accept partial payment or deposits on these items. Full payment at the time of order is required. Refunds are available if your application is not accepted. At that point the application process begins. We will assure everything is done correctly and that your inconvenience is minimized.
There are three ways to apply for a Class III item. The first is to apply as an individual. The second is to apply as a trust. The third is to apply as an LLC or a corporation. They are very similar, but there are significant advantages to the trust method for individuals. Of course, an LLC or corporation must apply as such, and the process is the same as a trust application. The individual and trust options are as follows:
INDIVIDUAL APPLICATION:
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After selection of your chosen item, and payment, we will fill out the ATF Form 4 and Certification of Compliance form, then get you to sign them.
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At that time, we will take your photo and have you finger printed on site by a certified technician ($10 charge).
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Then it is necessary to have the Chief Law Enforcement Officer (sheriff) in your county to sign these forms. If you live in Greenville County, we will do that for you. In other S.C. counties, you will have to that yourself.
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At this point, we will send your application, and your check for $200 to the BATFE. Now, unfortunately, we wait. Processing by the BATFE takes 60 to 120 days.
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The paperwork will be returned to us after approval. We will call you and arrange for you to come in an complete the standard Form 4473 for firearms transfer.
After this transfer, the item is yours. The essentials of the process are given above. Any special details will be covered with you as needed, and rules for having the item as well. The only significant rule, other than common sense action, is to ALWAYS keep a copy of the approved FORM 4 WITH THE ITEM. Keep the original secured safely.
APPLICATION AS A TRUST: Essentially, the process is the same. The differences are:
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You will need to have an attorney create a trust in your name. This will take a few days and cost a modest amount more.
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We will not need photos or finger prints.
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You do not need the Chief Law Enforcement Officer's signature (some won't sign any applications)
Other advantages of applying as a trust:
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You can share ownership/possession of the item with others by adding them to the trust. With an the individual license, the item must be under your control at all times.
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In the event of your demise (we all do!), or incapacitation, the trust succeedes you. Under the individual ownership, your heirs have only a limited time to divest the item from your estate, or they are committing a felony by owning an unregistered Class III item. This often means, if they even know about the requirement to divest it, that they give the item to the BATFE for lack of other options, who then destroy it.
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You may use the trust to control the disposition of your estate and any other uses as with any trust. You will need to contact your attorney for details.
For questions and more details, please contact Allen Arms Tactical Division. |