Saturday, September 27, 2008

SUPPRESSORS ARE NOT ILLEGAL!!!!

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 it's 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.


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. 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 or less for BATF to approve the transfer between dealers or to law enforcement agencies, and the transfer to individuals requiress 1-2 months. The transfer time used to be much longer, but thanks to the efforts of the NFATCA, this time continues to shrink.

The procedure for obtaining a suppressor is to order (and pay for) the unit. The weapon should be ordered through your Class 3 dealer - Olde Towne Sports Depot is a Class 3 Dealer.

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, trust, or other suitable business entity, which does not require a law enforcement signature.

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