Civilian Ownership of Machine-guns,

Silencers, and Other Class III Firearms

EXPLANATIONS & DEFINITIONS
ATF or BATFE, also known as the Bureau of Alcohol, Tobacco, Firearms and Explosives, is the federal agency that regulates firearms.  You may call the NFA branch of the ATF at (304) 616-4500 and ask them for any correction or clarification on these statements.  When in doubt, ask them.  I promise they won’t trace the call and send black helicopters to your house and drop SWAT guys rappelling through your skylight at three o’clock in the morning.  Really, they won’t.  Now, there are two types (or classes) of firearms.  Standard firearms include rifles, shotguns, pistols, and revolvers.  Black Powder and firearms made before December, 1898 are not “federally classified” as “firearms.”  (However, your state law may still classify those items as firearms under their local law.)  Class III (or NFA) firearms are devices like: (MG or SMG) Fully-automatic Machine-guns or Sub-machine-guns, (SBR) Short-barrel Rifles, (SBS) Short-barrel Shotguns, (AOW) Any Other Weapons, and Silencers (also known as suppressors.)

WHAT ABOUT THE LAW: IS THIS STUFF LEGAL?
Yes!  Civilians may own any machine-gun that was manufactured and registered prior to 1986 as long as it is properly registered with ATF, and as long as it is not prohibited by law in the state where they live.  Civilians can own any silencer, SBR, SBS, or AOW (regardless when it was manufactured) as long as it is properly registered with ATF, and as long as it is not prohibited by state or local where they live.  Persons prohibited from owning regular firearms due to domestic violence, felony, drug, mental issues or violations or subject to criminal prosecution or probation are also prohibited from owning Class III firearms or devices.

As of this printing, silencers are legal for private ownership by legal residents 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.  Most of these states also allow for the private ownership by civilians of fully-automatic firearms.  (States like California and New York are, of course, are not on this list because they might as well be on another planet with the laws they have.)

DO I NEED A CLASS III LICENSE OR PERMIT TO OWN IT?
No.  Here in Colorado, you do not need any special license or permit, as long as it is registered with ATF.  That is a one-time tax of $200.00.  There is no annual permit fee, or license renewal fee, period. 

WHAT DO I HAVE TO DO TO BUY A CLASS III FIREARM?
A simple application is made by us, your Class III dealer, to transfer the firearm, device, or silencer, from our inventory to you.  It is similar to the standard ATF Form 4473 “over the counter” form you fill out when you buy a regular gun.  However, you also include photographs and fingerprints when submitted and have your County Sheriff sign off on the form for the specific item.  Approval of this application must be obtained prior to any change in physical possession of the unit.  Class III items (like machine-guns and silencers) must be purchased (or transferred) through an “NFA Class III” firearms dealer in the recipient’s state of residence.  Being that we are a Class III dealer, we will assist you with the required forms and application process.  In fact, we do most all of the work for you.

DO I HAVE TO RENEW THIS FORM EVERY YEAR?
No.  Here in Colorado, once transferred to you, and you have your “Form 4” from ATF, there is no further paperwork, licensing requirements, are permit fees.  Transporting any Class III device like a machine-gun or silencer to and from states which permit ownership requires no further paperwork. 

OTHER INFORMATION
Hunting with a machine-gun in Colorado is prohibited.  Along with other requirements such as round-capacity, caliber, etc., the firearm must be single-shot, pump-action, lever-action, bolt-action, or semi-automatic.  Anything else (like full-auto) is unlawful.  However, hunting with a silencer in Colorado IS NOT prohibited.  Meaning, it is legal to hunt with a silencer on your firearm.

WARNING – WARNING – WARNING!!!
Transporting any Class III device to any state where they are prohibited , or loaning, giving away, selling it, or even temporarily transferring possession (letting your buddy borrow it for the day) without proper ATF approval and transfer registration is federal felony violation with severe consequences.  Please do not ask us, our fellow dealers or manufactures, or any of our customers to do anything that would violate state and federal law.  Since Class III items are legal for ownership here in Colorado, if you try to circumvent the law in any way, we will report you for prosecution.

OKAY.  I’M READY TO BUY.  WHAT DO I DO?
First, pre-pay for the suppressor, thread adapters (or other accessories) plus the transfer fee [$50 for silencers, $100 for (MG) Machine-Guns, (SBR) Short-Barreled-Rifles, (SBS) Short-Barreled-Shotguns, (AOW) Any-Other-Weapons) plus pay the sales tax.  Next, When the suppressor or other device arrives, pick up paperwork, follow the directions below, and return it with a check made out to the BATFE for $200.00 (or required fee.)  Finally, Wait, wait, and then wait some more.  It takes 1 to 3 months to receive the suppressor and paperwork, and then 1 to 3 months to be approved by the ATF.  So, it can happen in 2 months, but may take 5 or more.

This process consists of 3 pages.  The Form IV consists of 1 page, completed in duplicate.  When approved, the ATF keeps one copy on file for their records and mails back the second copy, (to you, but through us) signed, with the Tax Paid Stamp.  This will then be your “permit.”  The other form is the Certification of Compliance Form.  This certifies that you are a U.S. Citizen.

Fill out all of the applicable and pertinent fields and blocks on all the forms provided.  Be sure to PRINT or TYPE all information NEATLY so that it is clearly legible.  In the “Transferee Information” section, read each question carefully and then answer by putting a check mark or an “X” in the box that corresponds to the correct answer.  In Section 15, “Transferee’s Certification”, print your name. For the question asking the reason why you want to posses the item you will write out “for all lawful purposes” and then sign and date.  All this must be done in DUPLICATE, or in other words, done on both forms.

Then, take both forms to the Sheriff of the county you live in.  He/She must sign off on them both.  While there get two FBI-approved fingerprint cards done.  They will probably charge you a fee.  Next, produce two 2” x 2” photos.  You can use a digital camera and print them out yourself, or you can get two passport-quality photos taken.  (We usually print two digital pictures out and glue them on.)  Then, fill out the “Certification of Compliance” form and then sign and date it at the bottom. 

Finally, include a check (usually $200.00) to “BATFE.”   (Follow directions on the form.)  When completed, enclose all of the above forms (and the check) into a nice form-type (full-page, no bending) envelope and drop it off or mail it back to my attention.  If applicable, reuse the envelope I gave you and use the address stickers I included.  If you have any questions concerning the above feel free to call us at the store.  Thank you. 

-Edward Wilks, The Tradesmen, 970-625-4867

FURTHER EXPLANATIONS & DEFINITIONS

Machine-gun: any firearm that fires more than one round per trigger pull.  Two or three-shot burst is considered Class III.  Machine-gun, according to ATF, is also any machine-gun part.  So, owning a full-auto trigger for a gun you don’t even own, is like owning a machine-gun.

SBR – Short-barrel Rifle: any rifle that has a stock, but that also has a barrel of less than 16 inches.  A folding stock is a stock.  A slip on stock is a stock.  (For those of you with AR-15 pistols, if you have that “handgun” in your possession, and an AR-15 slip on stock, even if they are not put together, you are in possession of an SBR.)

SBS – Short-barrel Shotgun: any shotgun that has a stock, but that also has a barrel of less than 18 inches.  A folding stock is a stock.  A slip on stock is a stock.  (See above)  A shotgun with a short barrel and no stock (pistol grip) is considered an AOW.  (See next definitions) 

AOW – Any Other Weapon: any shotgun with a barrel shorter than 18 inches, and a pistol grip with a total, overall length of less than 26 inches.  Or, any pistol with a stock, or a second hand grip.  (Handguns, by definition, can only have one grip.)  For those of you with AR-15 pistols that have a quad-rail and have added a second grip, you are committing a federal felony.  If you have a Glock, and put on one of those snap-in stocks, or one of those magazines that has a bottom mag-plate that locks on the front tactical rail, you are guilty of a federal felony.  Get the facts before you buy that stuff.

Now these are simple definitions.  Again, contact ATF for actual or specific questions.

ATF’s Web Page:      www.atf.gov
ATF Regulations:      http://www.atf.gov/pub/fire-explo_pub/2005/p53004/index.htm
ATF Definitions:         http://www.atf.gov/pub/fire-explo_pub/2005/p53004/26usc_chap53.pdf
ATF - NFA Phone:     (304) 616-4500 

ACTUAL ATF REGULATIONS

§ 5845 Definitions.
For the purpose of this chapter--
(a) Firearm. The term 'firearm' means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. The term 'firearm' shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.

(b) Machinegun. The term 'machinegun' means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

(c) Rifle. The term 'rifle' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge. 

(d) Shotgun. The term 'shotgun' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.

(e) Any other weapon. The term 'any other weapon' means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

f) Destructive device. The term 'destructive device' means (1) any explosive, incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a propellant charge of more than four ounces, (D) missile having an explosive or incendiary charge of more than one-quarter ounce, (E) mine, or (F) similar device; (2) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes; and (3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled. The term 'destructive device' shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10 of the United States Code; or any other device which the Secretary finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.

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