Questions about tax stamp for MG in TX

[TheTam]

Someone tried to correct me today--I was under the impression you had to get a Class 3 FFL to own MG's, suppressors, and the like. Is it true that all you have to do is fork over $200 for a tax stamp for each category you're buying into? I live in Texas.

For example, an AK-47 that fires a burst would cost the price of the gun + $200?

Are full-auto weapons available by paying the $200 tax stamp, or are they out-and-out illegal? I'm asking because I honestly don't know.

Thanks,

[ProGlock]

No offense to you, but does anyone bother to read the FAQs anymore? This is the second posting that could have been answered via the FAQ.

[whiskerz]

proglock is correct . Your new hobby then goes from dangerous guns to safe stamp collecting !

[hcook]

1) There's no such thing as a Class 3 FFL. There is a Class 3 SOT (Special Occupational Taxpayer).
2) Over-simplifying and over-generalizing the issue, there's no need to get a FFL or SOT to purchase an NFA item.
3) There is a $200 transfer tax on every NFA item (not category) except for AOWs, which is $5. The tax is paid for (almost) every transfer.
4) Your AK-47 example is close... It would be the price of the AK + $200 + whatever fee your SOT charges you to handle the transfer.
5) Full auto guns are indeed available by following the correct procedures and paying the $200 transfer tax. Full auto guns are not "out-and-out illegal."

Please read the FAQ, both Part I and II. Unfortunately Part II didn't get a sticky (yet). If you have any other questions after reading the FAQ, we'll help you out.

[TheTam]

HCook,
Thank you for answering my question.

ProGlock (and HCook):
Yes, as a matter of fact I DID read the posted FAQ (all I found was Part 1) before I posted since I am not the kind of person who ignores the FAQ's and wastes other people's time with questions that are easily answered by the FAQ's.

Go read FAQ, Part 1--there's a lot of good history and a listing of what's legal where, but no info on how to obtain one or the cost. Therefore, I was well within my rights to ask.

If there is, in fact, a part 2 to the FAQ's that answers my question, perhaps you should sticky it.

[hcook]

Tam,

No offense was intended, just trying to point you to a good source of info without having to rehash all of it. I'm pretty sure that Part II (if it hasn't gone away) contains the info you were looking for about the procedure and cost.

Good job on reading the FAQ, and I will try to get Part II stickied.

[ProGlock]

Tam,

again there was no offense intended, however there is indeed a part 2 FAQ. I do NOT have the ability to sticky anything here. I made that request a long while back when I first published the FAQs, but part 2 didn't make it through it seems. If you just search through past posts, it will be there.

[John@JCDLESales]

NFA And Class 3 Ownership: Kindly Permission Given By Kel Of Gemtech To Post.

John McCaw
FFL/SOT2


Unlike conventional firearms, each change of possession or ownership of a Title 2 weapon (silencer, machine gun, sawed-off shotgun, pengun, etc.) must be approved in advance by BATF. This includes not only the sale of such a weapon, but also the act of giving or loaning it to another person. Failure to comply can result in a $250,000 fine, 10 years in prison, or both. Although the weapon can be moved by its registered owner within the owner's state or residence, transportation across state lines requires prior BATF approval. These requirements were instituted by the National Firearms Act of 1934 and were incorporated into the Gun Control Act of 1968.

To the best of our knowledge, silencers are legal for private ownership in the following states: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KY, LA, ME, MD, MS, MT, NE, NV, NH, NM, NC, ND, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, and WY. Additionally, they maybe owned by Class 3 dealers and Class 2 manufacturers (but not individuals) in: CA, IA, KS, MA, MO, and MI. Territorial law prohibits possession in the Territories and Possessions of the United States. There are no known restrictions on governmental ownership. If your state is not listed, check with your local office of the Bureau of Alcohol, Tobacco, & Firearms or your state's Attorney General. If they are not legal in your state of residence, we cannot sell to you. Please do not ask us to violate state or federal law.

As with any firearm, an individual owner must take possession through a licensed dealer in his state of residence. In the case of Title 2 weapons (silencers, machine guns, etc.), the dealer must be what is known as a class 3 dealer, meaning that he has paid an annual special occupational tax in conjunction with his firearms license to permit him to deal in Title 2 weapons without paying the individual $200 transfer tax on each weapon.

The $200 transfer tax is assessed each time a Title 2 weapon changes hands. The exceptions are to (or from) a governmental agency or a class 3 dealer. Interestingly, many class 3 dealers do not have a storefront and deal in these weapons as a sideline..

Each time a Title 2 weapon changes hands, the transfer must be approved in advance by the Bureau of Alcohol, Tobacco & Firearms. It normally takes 4-5 weeks for BATF to approve the transfer between dealers or to law enforcement agencies, and the transfer to individuals requires 3-4 months.

The procedure for obtaining one of our suppressors is to order (and pay for) the unit. The weapon should be ordered through your class 3 dealer. Although you may order direct, it must be delivered through your dealer. We then transfer the weapon to your class 3 dealer. Your dealer will then assist you in completing the necessary paperwork to transfer the weapon to you. This will include your submitting fingerprints and two passport size photos on your application. In addition, your local chief law enforcement officer (sheriff or chief of police) will need to sign the application. Along with your $200 transfer tax, the application is sent to BATF. When the application is approved (and not before), your dealer turns over possession to you.

Your dealer will charge a fee for handling of the weapon. We are not in the business of being a sales tax collector for states other than Idaho, but we do not encourage your avoidance of sales or use taxes.

If you are eligible to own any conventional firearm, you are also eligible to own a Title 2 weapon provided that there are no state laws prohibiting such ownership. This means basically that you must be free of all felony convictions and be over 21 years of age.

Your dealer can usually help you find a suitable law enforcement signature in the rare instance where your sheriff is personally anti-gun and refuses to sign your application. Your other option is to form a corporation, which does not require a law enforcement signature.

Federal law prohibits exportation of silencers except to governmental agencies with an End User Certificate. Please contact us by telephone for further details if you represent a foreign government agency.

[boofus]

According to section 46.05 in the Texas weapons laws, NFA weapons are illegal but if they are registered with the ATF it is a defense against prosecution. So you can still get arrested by some cop that doesn't like the fact that you have a machinegun. Just when your trial finally comes around you can whip out the Form 4 and they have to drop the case.

Getting arrested for a legally registered NFA weapon isn't likely because it'd be a waste of the cop's time, the judge's time and taxpayer's money, but if some LEO has it in for you he could haul you in. Too much potential for abuse with the current NFA laws in TX. :(

[Ninja Monkey]

Yes, in Texas the fact that a machinegun is federally registered is only a "defense to prosecution" versus an exception to the law. I suppose an officer could arrest someone even if they have their form 4 with them, but since I've never heard of anyone with a federally registered gun being arrested, let alone prosecuted, I don't worry too much about it. Texas has more registered machineguns than any other state, so there's quite a few other people that don't seem to worry too much either.

[ProGlock]

This is TX we're talking about here. Yeah there are still some power-hungry cops out there, but please....this ISN'T Commie-fornia you know :)

[hcook]

Originally posted by boofus
[B]According to section 46.05 in the Texas weapons laws, NFA weapons are illegal but if they are registered with the ATF it is a defense against prosecution.Stop and think about that for just a minute... NFA items are illegal in any  state unless they're registered with the ATF. That's not too different from saying "It's illegal to drive a car unless you have a license."

Well, duuuuhhh... ;Q

[whiskerz]

not necassarily true the Ga. law defintion requires more than 3 shots with a single pull of the trigger. Technically an M-16 with 3 shot burst would be legal but I would hate to be the test case.

[RenegadeGlocker]

Originally posted by whiskerz
not necassarily true the Ga. law defintion requires more than 3 shots with a single pull of the trigger. Technically an M-16 with 3 shot burst would be legal but I would hate to be the test case.

Under Texas law, two shot burst is not considered a MG.

[hcook]

I should have made my point clearer.

My point was that NFA items are regulated specifically by Federal law (although they may be further regulated by State law).

It's a Federal crime to possess an unregistered NFA item, regardless of how much or how little a given State regulates them.