Class 3 for full auto and SD?

[S&WM&P40]

What are the steps/laws about getting a class 3 so you can have a full auto and SD? I am looking for laws that have to do with NH? If they are all the same laws for every state post it up would be a big help.

[tattedupboy]

You need to find a class III dealer; make sure that this is a place that handles class III and NFA transfers. Just because a place has an FFL does not mean that it handles class III and NFA transfers. After you have found a dealer, you'll have to undergo an extensive background check by the FBI and pay a $200 fee to the BATFE. Only after undergoing these steps and getting the approval of your local chief of police will you be allowed to take possession of the weapon.

[LeavingMass]

Originally Posted by tattedupboy

You need to find a class III dealer; make sure that this is a place that handles class III and NFA transfers. ......and getting the approval of your local chief of police will you be allowed to take possession of the weapon.

where did you hear that ?

I've never heard of needing the chiefs approval in New Hampshire for MG

In Massachusetts you do need a Green Card to possess/purchase machine guns/NFA tho.

[tattedupboy]

Originally Posted by LeavingMass

where did you hear that ?

I've never heard of needing the chiefs approval in New Hampshire for MG

In Massachusetts you do need a Green Card to possess/purchase machine guns/NFA tho.

You're right. I suppose I could have worded that differently. If the item is not approved for ownership by the local authorities, then you cannot take possession of it. In the case of NH, no such approval is necessary provided that you are able to comply with the federal regulations.
Here is a map on machine gun possession laws.

OpenCarry.org - A Right Unexercised is a Right Lost!

[2beararms]

It is a matter of symantics.

Title 26, Chapter 53, Section 179.63, Paragraph II National Firearms Act (NFA) State:

A certificate of the local chief of police, sheriff of the county, head of the State police, State or local district attorney or prosecutor, or such other person whose certificate may in a particular case be acceptable to the Director, shall be completed on each copy of the Form 1 (Firearms).

The certificate shall state that the certifying official is satisfied that the fingerprints and photograph accompanying the application are those of the applicant and that the certifying official has no information indicating that possession of the firearm by the maker would be in violation of State or local law or that the maker will use the firearm for other than lawful purposes.

This is Federal Statute. This does not mean PERMISSION, but the certificate DOES need to be signed, and it is conceivable that a qualifying local official, generally the chief law enforcement officer, could refuse. This provision is not excludable by state.

By the way, the term Class III only applies to the license required to sell or transfer these weapons. The weapons themselves and the owner, although commonly refered to as Class III, are technically atually called National Firearms Act or NFA taxed.

[2beararms]

Sorry, I quoted the section for MAKING a firearm, 179.85 is for transfer but the language is basically the same.


§ 179.85 Identification of transferee.


If the transferee is an individual, such person shall securely attach to each copy of the application, Form 4 (Firearms), in the space provided on the form, a photograph of the applicant 2 x 2 inches in size, clearly showing a full front view of the features of the applicant with head bare, with the distance from the top of the head to the point of the chin approximately 1 1/4 inches, and which shall have been taken within 1 year prior to the date of the application. The transferee shall attach two properly completed FBI Forms FD-258 (Fingerprint Card) to the application. The fingerprints must be clear for accurate classification and should be taken by someone properly equipped to take them. A certificate of the local chief of police, sheriff of the county, head of the State police, State or local district attorney or prosecutor, or such other person whose certificate may in a particular case be acceptable to the Director, shall be completed on each copy of the Form 4 (Firearms). The certificate shall state that the certifying official is satisfied that the fingerprints and photograph accompanying the application are those of the applicant and that the certifying official has no information indicating that the receipt or possession of the firearm would place the transferee in violation of State or local law or that the transferee will use the firearm for other than lawful purposes.

[T.D. ATF-270, 53 FR 10509, Mar. 31, 1988]

[S&WM&P40]

Why would they Say they do not want to sign it? If the person passed the back ground tests is it not there right to own the gun?

[LeavingMass]

I wasn't aware about CLEO needing signing-off for NFA (fed laws?)

to avoid that (in case your local chief refuses), start a TRUST . With a trust, no need for chiefs permission.

some source for info on setting up trust:

Arizona gun list - How to purchase National Firearms Act (NFA) weapons.

AR15.COM :: Forums :: Topic :: Setting up Trust for NFA items << all the info you need

Phoenix gun list - Use of the Revocable Trust to Purchase NFA Items

NFA info - M4Carbine.net Forums

Living Trust for NFA? - THR

1: Review the software(s)
2: setup a trust (this just saves some time that you would have to pay a firearm attorney to do it)
3: get it reviewed by a Firearms Law Attorney in your state,
3b: if all seems OK, I guess you can proceed.

(IANAL)

( more Google Search Result For NFA Trust )

ATF: ATF Online - National Firearms Act Handbook


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[S&WM&P40]

Ok a lot to read in a nut shell could you sum it up for me? What i got from reading it so far is that it's like setting up your own company is this right?

[tattedupboy]

Originally Posted by S&WM&P40

Ok a lot to read in a nut shell could you sum it up for me? What i got from reading it so far is that it's like setting up your own company is this right?

That's exactly right.