C&R / Corporation/ Class 3

Palladin

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I have a C&R FFL,
My question revolves around corporations and their lack of necessity to get approval from the CLEO for a Class 3 purchase.

I have a small side-line business in construction; I have been considering incorporating, in order to reduce personal liability. If I incorporate, as an officer of the company, can I upgrade my C&R to include class 3 purchases, under the corporation, to avoid the CLEO contact and make life slightly easier. ???
Thanks.
 
I have a C&R FFL,
My question revolves around corporations and their lack of necessity to get approval from the CLEO for a Class 3 purchase.
Palladin,
If you are refering to the transfer of a class 3 weapon, here are some ATF definitions.
§ 479.85 Identification of transferee.
If the transferee is an individual,
such person shall securely attach to
each copy of the application, Form 4
(Firearms), in the space provided on
the form, a photograph of the applicant
2 × 2 inches in size, clearly
showing a full front view of the features
of the applicant with head
bare, with the distance from the top
of the head to the point of the chin
approximately 1 1/4 inches, and
which shall have been taken within 1
year prior to the date of the application.
The transferee shall attach two
properly completed FBI Forms FD–
258 (Fingerprint Card) to the application.
The fingerprints must be
clear for accurate classification and
should be taken by someone properly
equipped to take them. A certificate
of the local chief of police,
sheriff of the county, head of the
State police, State or local district
attorney or prosecutor, or such other
person whose certificate may in a
particular case be acceptable to the
Director, shall be completed on each
copy of the Form 4 (Firearms). The
certificate shall state that the certifying
official is satisfied that the fingerprints
and photograph
accompanying the application are
those of the applicant and that the
certifying official has no information
indicating that the receipt or possession
of the firearm would place the
transferee in violation of State or
local law or that the transferee will
90
use the firearm for other than lawful
purposes.

Person. A partnership, company,
association, trust, estate, or corporation,
as well as a natural person.
Note the difference.
As far as state law compliance, I am having a lawyer (who specializes in trusts) look into this for me.

I have a small side-line business in construction; I have been considering incorporating, in order to reduce personal liability. If I incorporate, as an officer of the company, can I upgrade my C&R to include class 3 purchases, under the corporation, to avoid the CLEO contact and make life slightly easier. ???
Thanks.
When you refer to "class 3 purchases", if you mean a machine gun, than you need a MA "License to possess a machine gun". If you mean a SBR, than no (assuming you have the proper MA lic.) "special license" (other than Federal regulations) is needed.
WRT "Upgrading a C&R" I know nothing about that.
Here is a couple of links to an ATF site that might answer your questions.
http://www.atf.gov/pub/fire-explo_pub/2005/p53004/27cfr_part479.pdf
http://www.atf.gov/pub/fire-explo_pub/2005/p53004/26usc_chap53.pdf
Please remember this:
I AM NOT A LAWYER, SEEK LEGAL COUNSEL WHEN IN DOUBT.
Gary
 
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It's confusing, but you are mixing Federal and State laws together. In order to possess a class 3 weapon in MA, you must have a green card and you or a trust or a corporation must purchase the class 3 weapon. You can't upgrade a C&R to take possession of class 3 weapons, but you can get a class 3 weapon shipped directly to your door (and not via a dealer) if you have been approved with a MA Green Card and the ATF has approved the purchase.

So if you want to buy a Class 3 weapon, first get your CLEO to give you a green card. Assuming he/she will approve it, the state will require you to have a C&R (to meet the 'bona fide collector' clause). Once you have your green card, you have to figure out the approach to buy the weapon - either purchase yourself (and your CLEO has to sign off on each purchase) or via a corporation or trust routes (CLEO doesn't signoff on any purchase - only the initial Green Card).

A corporation does not need local CLEO approval to purchase class 3 items. Similar to a trust, a corporation can't seek approval nor can they get fingerprinted, etc. since it's an entity. The primary benefit of a trust/corp is that you keep your purchases to yourself, the ATF and your local dealer. After your first approval, it much faster approval process (vs. an indiviudal) since the ATF skips the background check (a trust/corp doesn't have a record) and they don't have to run fingerprints.

The only thing you have to remember is that you have to keep the corporation alive in order to legally keep possesion of the weapons. If you don't file your annual fee or wish to close the corporation, you have to pay another set of transfer fees (Corp to ATF and you as a buyer to ATF for a total of $400) to move the weapons back to yourself. It's easier with a revokable trust, because you can amend the trust at any time and simply add a family member as a trustee.

When I got into class 3, I created a revokable trust. I'm listed as the trustee of the trust and am therefore authorized to take possession of my weapons. Keep in mind that you will still have to secure your MA green card in order to use your class 3 weapon. The way it works: I'm listed as the trustee on my Form 4 (ATF's Permission to possess) and my Green Card (MA Permission to possess).

Hope this helps - it took me a while to figure out how the process works, but I'm glad I did :)
 
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Your C&R has nothing to do with this beyond being a condition to get the MA license to allow a Machine Gun.

People own Machine Guns without having a C&R.

The C&R will allow you to transfer a C&R qualified machine gun to your home directly.
 
The trust info was very helpful...that's the way I'm going to go. I was looking into one anywhay for the tax / asset benefits, but this brings it into a whole new light!
Thank you!
 
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