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Old 03-28-2010, 11:49 PM   #70
Agentwil
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Join Date: Feb 2010
Posts: 264
Default Re: Are silencers Legal?

Quote:
Originally Posted by Alpo View Post
It is not a license. Period. Not class 2, not class 3, not class 87. IT IS NOT A LICENSE, IT IS A TAX.

Dealers that have a license to sell NFA items have a Type 3 Special Occupation Tax Federal Firearms License. That's probably where "class 3" came from - from someone misunderstanding or misremembering "Type 3 SOT". But the guy that buys the machinegun, or the sawed off shotgun, or the silencer does not have a license. There is no license. It is a one-time tax.

If you are in the business of making silencers, you get a Type 2 SOT FFL. Type 3 is for selling. Type 2 is for making.

If you are making one silencer, for your own use, you fill out and send in an NFA Form 1. This is an application to make and register a firearm. You don't need a Type 2 SOT. You are not in the business of making silencers. You fill out and send in a Form 1. http://www.titleii.com/pdf/010205-Form1.pdf

If you are buying the silencer from someone else, you fill out and send in an NFA Form 4. This is an application to transfer a firearm. Again, you don't need a Type 2 SOT. You are not making them to sell. You are buying one from someone. All you need is to fill out a Form 4. http://www.atfmachinegun.com/form4.pdf
My bad when I asked for the packet I said class 2 and wasn't corrected by the ATF. I think it is a term many use. I do understand it is a one time tax stamp and not a license that needs to be renewed. Sorry if I struck nerve.

Last edited by Agentwil; 03-28-2010 at 11:50 PM..
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