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Danny_Ocean Danny_Ocean is offline
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Join Date: Aug 2006
Location: SoFLA
Posts: 5,536
Quote:
Originally Posted by id10t View Post
You can bypass the sherrif sign-off by forming a LLC or a trust to own the c3 goodies.

Being in Cali really limits your options on your wish list though...
Still must be legal to possess in that state:

It is illegal for anyone to have possession of an NFA weapon that
is not registered to them in the NFA Registry. It is also not
possible for anyone, except government entities, to register an
existing NFA weapon that is not registered, except within 24 hours
after one is made by a class 2 NFA manufacturer. An individual
otherwise able to own any gun under federal law can receive and own
any NFA weapon (local law permitting, ATF cannot approve a transfer
where federal, state or local law would be violated by the
transferee possessing the weapon in question, see 26 U.S.C. sec.
5812(a)(6)) on a Form 4, "Application for Tax Paid Transfer and
Registration of Firearm".
Non-FFL holders may only purchase an NFA
weapon from a dealer or individual within their own state. If the
weapon is located out of state it must be transferred to a class 3
dealer within the state, before transfer to the non FFL purchaser.
C&R FFL holders (type 03) may purchase C&R NFA guns from out of
state dealers and individuals. Type 01 FFL holders, who are not
qualified to deal in nFA weapons, that is are not SOT taxpayers
(see below) may purchase any fully transferrable (no dealer
samples, see below) NFA weapon, from an out of state source. If the
FFL holder is an individual he must submit fingerprints,
photograph, and the law enforcement certification.


And there is a down-side from going the LLC/Inc. route:

There are solutions to the law enforcement certification problem.
They all require persistence, but less work than being a legitimate
NFA dealer, in my opinion. Becoming a licensed dealer is one
solution though. Another solution is to be incorporated. If you
are already the owner of a corporation, as part of your business
(doctor, lawyer or architect for example) your corporation can buy
NFA weapons, and the photo, police signoff and fingerprints are not
needed. Just a Form 4. The corporation might be buying weapons
for an investment, or for security, or for another good reason.
You could incorporate yourself just to get NFA weapons also,
although you should talk to a lawyer or another knowledgeable
person about the downsides of being incorporated before just doing
it, as well as any income or other tax consequences in your
location. As the weapons are registered to the company, and not
the owner of the company, they will have to be transferred out, tax
paid (unless the transfer is otherwise exempt from the tax, ie from
a government entity, or for an unservicable weapon), if the
corporation is ever dissolved. As corporate assets, creditors
might get them in the event of bankruptcy of the corporation, or a
judgment against the corporation. In my opinion the best thing is
to have the weapons owned and registered to the person who actually
owns them, and not an intermediary. I also am aware that in some
areas of the country the incorporation route may be the only way to
own NFA weapons, as a practical matter. Also be aware that
corporations have no 4th amendment right against self-
incrimination, and the restrictions the NFA law places on the use
of information provided to ATF under the Act (26 U.S.C. sec. 5844)
only apply to information provided by natural persons, not
corporations. You are giving up some of the privacy provided by
law to flesh and blood people when you acquire your guns through a
corporation.

Last edited by Danny_Ocean; 08-23-2008 at 08:14 PM..
Old 08-23-2008, 08:12 PM
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