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Title I or II VS Class III

Discussion in 'GATE NFA/Class III' started by Hey Mikey, Apr 28, 2010.

  1. Hey Mikey

    Hey Mikey
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    SSgt of Marines

    Jun 23, 2005
    SW Arizona
    I'm NOT the G.A.T.E. Moderator here but I feel the need to clarify a few terms. Too often I hear people misuse terms, so I'm gunna break it down for you:

    Title I weapon:
    - Rifles with a minimum of a 16" barrel AND 26" overall length including buttstock.
    - Shotguns with a minimum of a 18" barrel AND 26" overall including buttstock.
    - Pistols.

    Title II weapons:
    Machine Guns are defined as "weapons that shoot, are 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." In addition to this definition, Title II also defines any part of a machine gun that may be readily assembled into a machine gun, primarily the receiver, as a machine gun itself.

    Short-Barreled Rifles (SBR) are defined as rifles which have a barrel length less than 16" or an overall length of less than 26". This term also refers to any firearm made from a rifle of the aforementioned proportions.

    Short-Barreled Shotguns (SBS) are defined as shotguns which have a barrel length less than 18", or an overall length of less than 26". As with short-barreled rifles, this term refers to any firearm made from a shotgun as defined.

    Destructive Devices (DD) have two sub-categories: "Conventional" devices such as bombs, explosives, incendiaries, etc., and other devices, which are firearms with a bore exceeding half of an inch. Various antique muzzle-loading muskets and rifles whose bores exceed the legal limit have been exempted.

    Silencers also called 'mufflers' and, more accurately, 'sound suppressors', these are defined as "any device for silencing, muffling, or diminishing the report of a portable firearm". This definition also includes any parts that are intended to be readily assembled into such a device.

    Any Other Weapons (AOW) are an obscure and sometimes debated category. Under U.S. law, they are defined as "...any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive...". This umbrella definition includes all improvised firearms and disguised firearms (e.g. cane gun). A shotgun with barrel length less than 18 inches originally manufactured as a handgun without a shoulder stock is also an AOW. Also included in this "catch-all" category, are pistols with more than 1 pistol grip (e.g., pistol with a rail, with vertical-grip attached to the rail).

    Special Occupational Tax Classes
    Class Usage
    Class 1 importer of NFA firearms
    Class 2 manufacturer & dealer of NFA firearms
    Class 3 dealer of NFA firearms
    To get a Class 1 SOT status, you need an importer FFL, which includes Type 8, 11

    To get a Class 2 SOT status, you need a manufacturer FFL, which includes Type 7, 10

    To get a Class 3 SOT status, you need a dealer or manufacturer FFL which includes Type 1, 2, 7, 8, 9, 10 or 11


    Sorry this is so long winded but when see people use the wrong terms especially in a firearm forum I wanna help.

    To make short of the long: You do not have a CLASS III weapon, it would be a Title II weapon...however you may hold your FFL/SOT CLASS III License and make said weapons.

    #1 Hey Mikey, Apr 28, 2010
    Last edited: May 2, 2010
  2. Zak Smith

    Zak Smith
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    Millennium Member

    Aug 25, 1999
    Fort Collins, CO, USA
    Good post. I usually try to use the term "NFA items" to encompass the ones that fall under Title II. Class 3 is confusing and imprecise as you point out.

    People also often say, things like:

    "I need to get my Class 3" (referring to getting an NFA items transferred on a Form 4) -- incorrect.

    "I need to get a license" (referring to same) -- again incorrect. The Form 4 is the only required paperwork and it is a tax document on the transfer of the item.

  3. Hey Mikey

    Hey Mikey
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    SSgt of Marines

    Jun 23, 2005
    SW Arizona
    btt, still see the same things come up. Can this be stickied?
  4. RenegadeGlocker

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    Jul 8, 2001
    When 1968 Gun Control Act was enacted, it was enacted in two parts Title I and Title II.

    Title I was all the new stuff like 4473, FFL, etc.

    Title II was the National Firearms Act re-enacted with some changes.

    This is where these two terms come from.
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