I'm shopping for my first full auto, gun, probably a SMG.  I see some on a Form 3 and others on a Form 4.  What is the diference?

Also, what are the general steps from buying from a private individual?  I know somewhat what I have to do (CLEO sig, $200 transfer tag), but I don't know where to start.  Where to get forms from, steps to take, etc.  Anyone want to lead me in the right direction?  Help out a budding NFA gun owner?

A Form 3 is the ATF form that a Class three dealer holds a Machine gun on. I believe that a Form 3 is only allowed for someone that has a C-3 dealer's license. Form 3s can be transferred from one class three dealer to another across state lines but to be honest I am not sure what is involved with that process.

A Form 4 is the form with which a private citizen buys and owns a machine gun on. The Form 4 registers the weapon's transfer to you with the ATF.  This form is not transferable as it states that you are the legal owner of the machine gun.  When someone buys the gun from you, they will fill out their own Form 4 and your form 4 becomes no longer valid.

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If you buy from a private individual (as I did) the process is quite easy SO LONG AS YOU BOTH live in the same state! The process involves finding a weapon you like and agreeing on a price. Once you have selected a weapon, you complete two copies of the ATF Form 4, attach a Passport Photo to each, Get two sets of finger prints done, get your local CLEO to sign off that there are no laws prohibiting ownership of the weapon in your area.

Next, place all of the above documents into an envelope along with a $200 check to the ATF and send it to the ATF. The ATF then sends one set of the documents to the FBI for review and a background check and the ATF does the same with the second set. As long as it is legal to own in your area and you haven't done anything illegal, you will be approved and the ATF will attach a $200 National Firearms Stamp to your Form 4 and sent the completed paperwork back to the seller of the gun. The seller then has a brief period during which they are required to turn the machinegun over to the new owner.

Armed with the approved Form 4 and the new machinegun you will then join the ranks of the very happy LEGAL machinegun owners that can take their M-16 to the range and watch the liberals quake.....

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If the private owner is out of state, you will need to involve two C-3 dealers and will need to do a Form 4 to Form 3 transfer and then ship the gun from one C-3 to another plus do another Form 3 to Form 4 transfer on the other end. Obviously this will take MUCH longer and will cost you MUCH more money!

Quarterbore,

You are the first and the only one who explained quite well the process of owning a class III machine gun.  

Thanks for the info.  

What AR_Rifle said.  In fact, that was so clear I am going to print it and keep it for future reference.  Thanks Quarterbore.  

Quarterbore basicly got it right, but let me clarify and correct some of his statements.

Form 3 - a tax free transfer, only used to transfer a NFA weapon between two C3 dealers

Form 4 - a taxed transfer ($5 or $200 depending on weapon type), used to transfer an NFA weapon between an individual and a C3 dealer.  It works either way; dealer to individual or individual to dealer.

A C3 dealer can buy an NFA weapon from an individual in any state (use a form 4).

A C3 dealer can only sell an NFA weapon to an individual in the dealers state, or to another C3 dealer in any state.  If its to another dealer its usualy on a form 3, unless the dealer owns the weapon in his personal inventory on a form 4.  If the dealer sells to an individual in the same state as the dealer, its on a form 4.

An individual can buy an NFA weapon directly from an individual in his home state (on a form 4), or from a dealer in his home state (also on a form 4).

An individual can buy an NFA weapon from a dealer in another state, but it has to transfer through a C3 dealer in the individual's home state.

An individual can buy an NFA weapon from another individual in another state, but it has to be transfered through a dealer in the buyer's state (no need to use a dealer in the seller's state).

Monel_Funkawitz -

BTW, what are you looking for?  I've got a beautiful IMI Uzi on a F4 in PA I may have to part with.

You forgot C&R NFA weapons.

Well, I don't have a zillion dollars, so I was thinking a M-10/11 or something on that route.  $1500 and I'd be good to go, and it would last me through my FA crave until I get enough moolah for something like a MP5PDW.  

Shaggy, shoot me an e-mail at [email protected] about the price of that Uzi.  I doubt I can afford one, but it's worth a shot.

BTW, thanks Quarterbore!  That was VERY helpful.  I found this website that gives you pointers, and a very clear walkthorugh.  Lots of good info.....

www.westernfirearms.com/how.htm

I'm going to start a new thread and cut/paste this info to make it a little easier to find for people starting out.

Quoted: .An individual can buy an NFA weapon from a dealer in another state, but it has to transfer through a C3 dealer in the individual's home state.

It has to go through a FFL holder - does not have to be a SOT holder...

mark