I was doing a search on GemTec suppressors when I found this link.
Hence this is going to be my only post. I do not know how old this thread it, excuse me if I'm brining back the dead.
I guess it takes a 14 year old kid to educate the masses, I try.
The following information is not to be taken as legal advice and it believe to be as true as possible. I am open to correction.
The following document is written by me, Tom Splasky, and is copyright 2004-2005 TSCOM Inc. It is not to be reproduced digitally by any dotcom, and can not be used for profit in any way except by the author in extreme cases in which the author authorizes it.
You just get home from your local movie theater and you saw The Matrix. Neo has some pretty bad :cens Dual Glock 18s... You think to yourself, "Holy crap! I want one!"
This is the point of this FAQ.
To be frank, there are very few factory Transferable Glock 18s in the US. I know a man who has two of them (Lucky man...). If you DO find one for sale, you're looking at paying upward of 35,000 or so. (That might be way too much, but that was the last one I saw for sale.)
So, you have to questions about legally owning a Suppressor or Machine Gun... I'm here to answer!
Once again, all info here is typed by me unless noted otherwise.
DISCLAIMER: I AM NOT A LAWYER, DO NOT COME HERE FOR LEGAL ADVICE REGARDING CLASS THREE WEAPONRY. ASK
YOUR LAWYER.
I am always open to correction, as most of this is based off my knowledge... If you see a mistake, PLEASE TELL ME.
Now on with the FAQ... I tried to make this one a little fun.
Q. What is NFA? And what does it have to do with those cool guns?
A. NFA stands for "National Firearms Act", it was enacted in the 1930s.
The NFA covers 5 various types of weapons and weapon suppressors.
Machine Guns: A firearm which is capable of firing more than one round with each depression of the trigger. This includes both Fully-Automatic and Burst weapons.
Suppressors: The correct term is Suppressor, not Silencer. This is because the weapon is not completely silenced, only the sound is suppressed.
A suppressor is a device which muffles the sound of a weapon. They are either detachable, or permanent (Such as an internal suppressor.).
Word of advice if you ever get to shoot a suppressed weapon: After firing, especially on fully automatic... THE SUPPRESSOR WILL BE HOT ENOUGH TO BURN OFF YOUR SKIN, DO NOT TOUCH IT.
Short Barreled Rifle: This describes any rifle with a barrel less than 16 inches, such as the 11.5 inch barreled Close Quarters M16s. Or, if the rifle has a total length of less than 26 inches.
Short Barreled Shotgun: This refers to any shotgun with a barrel length of less than 18 inches, or a total length of less than 26 inches.
Destructive Devices: This one has two parts...
Large Bore Weapon: This refers to any weapon with a caliber greater than .50. A firearm which uses a 20mm round would be a Destructive Device...
Explosive Device: This refers to any device which is capable of exploding...
For Example, if you had an M203 Grenade launcher (You know, the kind you put on M16s.) it would be many Destructive Devices... The M203 module itsself would be one, because of the 40mm Bore, and it would also be a Destructive Device because of each grenade you feed into it.
Any Other Weapon: This category is sort of like the James Bond section of the NFA. This will include any weapon like those neat little .22 Cane Guns, etc. It also refers to Short Barreled Shotguns or Rifles that ONLY have a pistol grip. For example, if you were to get a Remington 870 and install a pistol grip (Just a pistol grip, not one that also has the extended Shoulder Stock) it would be an AOW.
Q. What is a SOT?
A. SOT stands for Special Occupational Taxpayer, which means he pays a 500 dollar annual fee and he is allowed to deal with NFA weapons.
However, there are many different types of SOTs, which I will get into next-update.
Q. Who/What is the BATF?
A. The BATF is the Bureau of Alcohol Tobacco and Firearms. They will handle your paperwork for your Class III Weapon.
Q. What are the types of Machine Guns, I mean, like, Pre 86 and Post 86? I don't get it.
A. Sorry, Post 86 Samples are Dealer Only Samples. You can't own them. A Law Enforcement Agency can request a demo, sale, etc from a Class III Dealer. The dealer can then get a Post-86 sample. He can also keep post-86 samples for his own personal collection.
If a dealer decides to give up his SOT status, he may keep any NFA device he has EXCEPT Post-86 Machine Guns, he MUST sell them.
You may only own Pre-86 Machine Guns. (This is where the Glock comes in, since the Glock wasn't produced until around early 86, before 5/19/1985, there are not many transferable Glock 18s around...)
Any weapon which is a Post-86 sample may ONLY be owned by SOTs, Law Enforcement Agencies, and Government.
In order for a SOT to own one, he must have an order from an agency.
Q. NEATO! So uhh... how do I get one?
A. So, you have that special Mac-10 picked out, and you want to buy it now!
Firstly, you must live in a state that allows the private ownership of NFA Weapons.
Machineguns are ILLEGAL for private ownership in DE, DC, HI, NY, WA
Class 3 dealers only are allowed possession in CA, IL, IA, KS, MI, NJ, RI
Silencers are ILLEGAL for private ownership in DE, DC, HI, IL, MS, MT, NY, NJ, RI
Class 3 dealers only are allowed possession in : CA, KS, MO, MN, IA
(State info taken from the DNDGuns Class III FAQ)
Hey! You're state isn't on the list... Cool. Now, are you 21?
Okay good, now, are you a citizen of the United States?
Good... Have you ever been convicted of a felony or domestic Violence charge, or have you ever been dishonorably discharged from the military?
Okay great, almost there. Now, have you ever been adjudicated mentally defective?
Okay, you're eligible!
Q. Sweet! Now what do I have to do to get one?
A. Well, you must pay a one time transfer tax of 200 dollars to the treasury department. This is a one time fee never to be paid again unless you sell/give the weapon to another person.
Then you have to pick out the weapon you want... and arrange it to be delivered to a Class III Dealer of your choice. He will probably charge you around 100 dollars to transfer it to him.
You then have to fill out a special form called "Form 4" and send it to the BATF. You will then get orifice searched by the FBI and other various organizations until they come back with a (hopefully) spotless record. You will be waiting around 4 months for this process to be completed.
You also have to complete the fingerprint card FD-258.
After that, the BATF will send a copy of the approved Form 4 to your Class III Dealer. He will then call you and say, "Hey, your paperwork is approved and your Class III Source is sending your Mac-10 to us. You can pick it up in about 4 weeks!"
This is the part where you have extreme Angst for your weapon. You desire it so bad you can hear the bolt cycle.
Then in a few weeks you pick up your new weapon!
Then you run wildly in the fields, jumping for joy with your Mac-10 in hand... Well, maybe not. But you can go to the range and shoot it... As long as your range approves it and you have the paperwork with you...
Have fun with your new Machine Gun!
Q. Thanks, but now I want to put a Suppressor on my Mac-10, so it'll be really bad :cens . How do I get one?
A. Sound suppressors are also regulated by the BATF (They're multitaskers). It actually requires less paperwork to own a suppressor than it does to own a car!
Silencers are ILLEGAL for private ownership in DE, DC, HI, IL, MS, MT, NY, NJ, RI
Class 3 dealers only are allowed possession in : CA, KS, MO, MN, IA
If your state isn't on the list, you're good to go! Anyway, so, you have your suppressor picked out. You must one again pay the 200 dollar transfer tax and fill out ATF Form 4.
After your paperwork is approved and ready to go, the same thing that happened with the machine gun will happen with the suppressor. You will get a call from your Class III Dealer and he will tell you that your Form 4 was approved and your source is sending the suppressor.
Then you pick it up!
Here is a fully article explaining this better than I can, it is from AAC. The makers of the Evolution sound Suppressor (The one I want to get for my Glock 17...)
The Legalities Of Silencer Ownership
Contrary to popular belief, silencers are legal to own under federal law. There are, however, 16 states, plus the District of Columbia , that prohibit the civilian ownership of silencers. At this time, the following states allow private ownership of silencers: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KY, LA, ME, MD, MS, MT, NE, NV, NH, NM, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, and WY. Of the sixteen states which do not allow civilian ownership, CA, IA, KS, MA, MO, and MI allow class 3 dealers and class two manufacturers to possess silencers.
Silencers, like machine-guns, are proscribed under the National Firearms Act (NFA) of 1934, and are regulated by the Bureau of Alcohol, Tobacco, and Firearms. The procedure for owning a silencer may seem daunting at first, but actually requires less paperwork than buying an automobile. The buyer then has the chief law enforcement officer (Sheriff, Chief of Police, head of state police agency, district attorney, a judge with the power of arrest, or any other law enforcement officer approved for this procedure by the National Firearms Act branch of the BATF) sign the rear of the Form 4 attesting the prospective purchaser does not possess a criminal record and is not wanted. The two fingerprint cards must be completed and signed by a law enforcement agency. The completed paperwork is then sent to the Department of the Treasury with a check or money order for $200.00. The $200.00 is known as a transfer tax, as it must be paid each time ownership of the silencer is "transferred" (in this case, the dealer to the prospective purchaser). As long as the silencer is owned by the same person, the tax need not be paid again. Only if the owner sells it will a new transfer tax need to be paid. An owner may will his silencer to a lawful heir, with no tax incurred.
Once the paper work is submitted, it normally takes less than sixty days to receive the approved, stamped paperwork from NFA Branch. It is only upon the return of the approved paperwork that the dealer can allow the prospective purchaser to take possession of his new silencer. A copy of the approved paperwork must accompany the silencer at all times (the original should be stored in a safe deposit box).
Silencers can be transported to other states which allow their ownership, but to transport a silencer into one of the sixteen states which prohibit private ownership can subject the owner to serious state felony charges.
Q. So, how does this sound suppressor work?
A. To the best of my knowledge, they work by taking the gas made by the gunpowder and giving it more room to expand (Inside the suppressor body), therefore releasing it at a lesser pressure. There is a lot more room inside the suppressor than there is in the barrel, so in theory this should be how suppressors work..
Thank you.
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