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Destructive Device Regulations
nsbeach
Member Posts: 55 ✭✭
The definition of a "destructive device" is found in 26 U.S.C. ? 5845(f). The Cobray Streetsweeper falls under this description. Am I correct in assuming that if I find one that was pre-ban owned by a private individual it can be sold and transferred through a Class 3 dealer?
As the purchaser , what requirements do I need besides paying the $200 fee.
Thanks,
As the purchaser , what requirements do I need besides paying the $200 fee.
Thanks,
Comments
A Class 3 dealer cannot sell a Destructive devices, only a dealer who is specifically licensed to deal in DDs (Type 09, 10 or 11 FFLs) can sell them. Destructive Device dealers are no where near as common as Class 3 dealers so you'll need to track one down.
Thank You! I have drooped a note to my Class 3 Dealer here in Florida to see if he is licensed for DD's.
I don't think they have any hard or fast rules on when they allow it.
My M203 came through my local C3.
Mark C probably knows more.
CP
While Mark is correct you only need to go though a dealer IF the gun is out of state. If you find one in state you fill out your Form 4 and when it is approved it goes directly to you.
That is an excellent point and something that nsbeach should be keeping in mind as he shops around for his Street sweeper.
quote:Originally posted by Nwcid
While Mark is correct you only need to go though a dealer IF the gun is out of state. If you find one in state you fill out your Form 4 and when it is approved it goes directly to you.
That is an excellent point and something that nsbeach should be keeping in mind as he shops around for his Street sweeper.
Thank you all, for your help . Well the good news is that I have found the Street Sweeper but it is out of state but so far I haven't found a DD dealer in Florida.
Neal
The definition of a "destructive device" is found in 26 U.S.C. ? 5845(f). The Cobray Streetsweeper falls under this description. Am I correct in assuming that if I find one that was pre-ban owned by a private individual it can be sold and transferred through a Class 3 dealer?
As the purchaser , what requirements do I need besides paying the $200 fee.
Thanks,
Funny, I'm in FL too and I just got an approved F4 to transfer out a StreetSweeper today... took only 90 days! They are neat toys... got one left and I don't think I can help but hold onto it.
As far as DD dealers, yes, ask your local C3 if he can get ATF to ok a transfer thru his shop if your purchase is from out of state as they occasionally will if there are no DD dealers near you.
ONE THING! You said one that was "pre-ban owned"... be aware that unless it was registered when regulations changed it is contraband now... the current owner/seller needs to have an approved Form in his hands along with the shotgun in order to sell it to you!
" Generally, ATF will allow a dealer to transfer in/out 1 (one) DD a year. That is how they allowed me to transfer it to me.
You may ask them if they are willing to.
The ATF's NFA Branch's number is (304) 616-4500 of you want to call to get their policy for sure."
Well, after reading all the advice in this forum (much appreciated), talking to ATF, gun dealers and knowledgeable friends, I have found out that I can purchase and transfer a Destructive Device class weapon and that a Class 3 dealer can call ATF and get permission to process such a weapon once a year or so. However, I have decided for political reasons not to proceed. I am as law abiding as it gets, I own a company that is a software service provider to the USMC, the US Army and the British Armed Forces so I don't even want a traffic ticket on my record. Non-the-less, when realizing that once you are on record as possessing a Destructive Device weapon, you are open to search,inspection and verification of the weapon status at the government's whim. In someways, I feel ashamed that I am succumbing to that paranoia and in my younger days, I would have said "what the hell" but I think this is not something I want to do at this time in my life. So, I am not going to ask for permission or forgiveness this time.This is just one man's opinion.
Obviously not all the information you got was good! Who told you this?
Non-the-less, when realizing that once you are on record as possessing a Destructive Device weapon, you are open to search,inspection and verification of the weapon status at the government's whim. In someways, I feel ashamed that I am succumbing to that paranoia and in my younger days, I would have said "what the hell" but I think this is not something I want to do at this time in my life. So, I am not going to ask for permission or forgiveness this time.This is just one man's opinion.
There is absolutely no truth to that at all, and you were either given incorrect information or you have jumped to some sort of wild conclusions. You are buying a National Firearms Act weapon and are not dealing in firearms, which opens you to a yearly BATFE inspection. In any case we have reached to ten post limit on this topic, you have been given full instructions on how to proceed with acquiring a Destructive Device and I have learned that a Class 3 dealer may make an occasional transfer of a DD in certain circumstance, which is something that I did not know (I learn things here every day).
In the opinion of the moderator this issue has been settled and there is no need for a Part II.