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Posted: 9/22/2002 9:27:28 AM EDT
I'm tired of seeing all the firearms I want to collect being class 3. I live in deerhunterville with no hope of competent local advice. So here is what I need the know.

1.Just what kind of lawyer can help me set up a business or LLC.

2. What are some key questions I should ask when interviewing a prospective lawyer?

3. What are some key answers that should send me running for the door.

It is my full intent to do all of this to the complete letter of the law, because I'm way to cute to go to jail, prison or anything else. I have a clean record, or should I say NO RECORD and I'm determined to keep it that way. I take firearms very serious; far more than my surrounding neighbors.

Thanks in advance.
Link Posted: 9/22/2002 12:39:58 PM EDT
[#1]
good question, i'd like to know too.

If you set up a business, that is a BIG responsibility, you have to keep records, do taxes each year have Corperate Minutes. And it costs ALOT- a few grand. Also the guns dont belong to you, they belong to the Corp. AND if you fail to do any of these it could be considered Tax Evasion, because you didnt pay the Tax stamp. YOU must keep up the Corperation.

I would just get the LEO, DA or Coroner to sign off on the class3 form from the BATF. Easy as 1-2-3

Gaspain
Link Posted: 9/22/2002 1:07:30 PM EDT
[#2]
I don't believe I have a choice. The LEO route causes me to have a store front or something equilvant. A previous post mentioned a non-profit org. There's a lot to learn and to much at stake. A screw up here could cost me years in prison. For me the right lawyer sounds the safe way to proceed. All the lawyer around here do divorce and property line conflicts.
Link Posted: 9/22/2002 5:39:05 PM EDT
[#3]
Seems like you may be confusing two issues.  Are you talking about getting a class 3 license, or simply purchasing NFA firearms?  There are two separate issues.  A class 3 license is a type of FFL that permits you to deal in NFA firearms/supressors/etc.  It is not required to own them, which is all it sounds like you want to do.  Becoming incorporated will allow you to bypass the local LEO signature.  No storefront of any kind or actual business would be required for this - I think you are confusing this with the ATF's refusal to approve applications for "kitchen table" FFL's - but once again, unless you want to [i]deal[/i] in these kinds of firearms, an FFL is not necessary.

Unfortunately, I don't have any answer to your original question, but clarification on what exactly you are wanting to do will probably help others answer it.

Rocko
Link Posted: 9/23/2002 2:28:28 AM EDT
[#4]
Quoted:
No storefront of any kind or actual business would be required for this - I think you are confusing this with the ATF's refusal to approve applications for "kitchen table" FFL's - but once again, unless you want to [i]deal[/i] in these kinds of firearms, an FFL is not necessary.
View Quote


Note that BATF is NOT refusing to license "kitchen table" FFL's, but only the ones who cannot meet state/local requirements.  As long as local/state will allow it, you can open your kitchen up.

Link Posted: 9/23/2002 2:28:46 AM EDT
[#5]
I thought I had to have a FFL to own class 3. Does that mean, I can not purchase dealer sample's (if their willing to part with them).
Link Posted: 9/23/2002 12:16:03 PM EDT
[#6]
Quoted:
I thought I had to have a FFL to own class 3. Does that mean, I can not purchase dealer sample's (if their willing to part with them).
View Quote


One only needs to pay the excise tax of $200 or $5, get fingerprinted, mug shot, CLEO sign off, pay for item and wait for approval.  States may have harsher requirements or may disallow completely.

You cannot purchase dealer samples unless you are a Class 1/2/3 dealer.
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