Class 3 Weapon Question

Discussion in 'Firearm Related' started by XD9SC, Nov 8, 2010.

  1. XD9SC

    XD9SC New Member

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    After filling out the paper work, paying the "tax", getting the local law enforcement to sign off, and keep the tax stamp with it, who can shoot the weapon/accessory and who can store it?

    I am debating getting a silencer but would have a desire to house it at an relative house which is my primary range.

    I have read about a trust/company owning it but don't want to go down that path at the moment.
     
  2. Adam5

    Adam5 Atlanta Overwatch

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    Anyone who can legally handle a gun can shoot it.

    I don't know if you can store it at someone else's place though. Besides, why would you not keep it at your's?
     

  3. XD9SC

    XD9SC New Member

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    It would not be an issue to keep at my current location but it would just be one less item to carry to my range.
     
  4. patrick4588

    patrick4588 New Member

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    Attach it to the rifle!
     
  5. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    If, and read that as a big IF, I remember correctly. Generally the item must be under your direct control at all times that it's not in the hands of a properly licensed gunsmith. That means anyone can shoot it while you're present. They can't take it with them to shoot by themselves while you're not there and they cannot store it for you unless you are present.
    There's a few caveats to that, but that's the general idea.
    If you do the paperwork as a Trust, then anyone who is a member of the trust can have the item in his/her possession. Doug King has done quite a few Trusts for people on here.
     
  6. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    The problem with leaving it at a relative's home (because that's where you shoot) is that your relatives do not have the Fed's permission to possess it. They could get charged with unlawful possession of a.... NFA firearm, siliencer, whatever.
    Unless you have a secure storage box (safe, all metal gun cabinet, etc.) that you also put at your relatives' home, so that they cannot get to the thing unless you're there to let them. That way, they would not have actual or constructive possession of it. Only you would.

    But all this trouble for a silencer? Silencers are small and light. I vote for just keeping it with you. Travel with it every time you go shooting.
    If the NFA item in question were a howitzer and you didn't want to keep it in your condo in Buckhead but would rather leave it at your cousin's 800 acre farm in Boondocks, GA (Nowhere County), then you have issues. You'd want to consult with a lawyer and see what your options are, so you can legally leave the weapon at the farm.
     
  7. TippinTaco

    TippinTaco New Member

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    I've been contemplating getting my class 3.
     
  8. GAGunOwner

    GAGunOwner Active Member

    An actual class 3 license or do you mean getting an NFA device (MG?) registered to you?
     
  9. GAGunOwner

    GAGunOwner Active Member

    You're okay with a photocopy of your registration paperwork when transporting your device or when using it. I just make a color copy of mine and carry that out with me when I go to the range, etc.

    Keep the original paperwork with the stamp on it in a safe place. If you loose it, you can get a certified copy from the BATFE BUT the copy won't have a replacement stamp on it (but you will still be legal).
     
  10. GAGunOwner

    GAGunOwner Active Member

    I don't think it is actually proper to call NFA devices "class 3 weapons."

    I think the correct term is Title II.

    And for those that don't think this matters, its like calling a GWL a "CC permit."
     
  11. XshootX

    XshootX New Member

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    gunsmoker is right (big surprise). You have the ability to store NFA items at another location as long as you are the only one that can access it. I believe the intent was to allow owners to store the items in an NFA friendly state if they moved to another state that prohibited the items, but should work for your purposes.

    The real danger is a possible possession issue for people living at the place it's being stored. Doing a trust can prevent these issues. I'm not sure why you are not considering a trust, but in my opinion, that's the only way to go with NFA items. Also agree that a silencer is not a big deal to carry - most are light enough to slip in the bag and go.

    Side note, what cans are you looking at?
     
  12. seajay

    seajay NRA Certified Instructor

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    I think cans should be reclassified as a medical safety device. (Hearing protection)
     
  13. 45_Fan

    45_Fan Well-Known Member

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    Lol, put them under FDA regulation and apply truth in labeling/advertising rules?

    Just put them on the shelf between earplugs and safety glasses but above the ammo!
     
  14. seajay

    seajay NRA Certified Instructor

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    Better yet have them put under OSHA as REQUIRED safety equipment.
     
  15. EJR914

    EJR914 Cheezburger Operator

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    All this is correct. I cannot imagine how much better my hearing would be if we didn't have to jump through hoops to get cans. I wear ear protection now, but for about a decade, I wouldn't use hearing protection every time I shot. I now have a constant ringing in my ear because of it. I also think that the ATF should be a convenience store, and not a government law enforcement agency. You should be able to walk into one store and buy your Scotch, your cigars and your guns. Talk about convenience.
     
  16. XD9SC

    XD9SC New Member

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    Thanks for the Information. XshootX I was thinking about a silencer for 22lr. I have not done any research into different makes and models let.

    To clarify my thought process. I am trying to keep stuff in at least two or more locations, in case of theft,fire,etc... (don't put all of you eggs in one basket) mindset.
    So long term I could see my self having more than one class 3(title ll) item.

    And as gunsmoker mentioned maybe I will find a good deal on a howitzer one day. I would like to see people's faces when I am towing my Anti Tank gun behind my jeep threw the Grady curve on the connector.
     
  17. budder

    budder Moderator Staff Member

    GGO, I found those posts surprising. As someone that actually has a class 3 license, I thought you would have corrected him right off the bat. ;)
     
  18. GAGunOwner

    GAGunOwner Active Member

    :screwy:
     
  19. GAGunOwner

    GAGunOwner Active Member

    :screwy: