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What is required to own a Fully automatic weapon?

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  • eighteenninetytwo
    Senior Member
    • Nov 2008
    • 1541

    What is required to own a Fully automatic weapon?

    What is the actual process to go through in respect of the attempt to get the OK to get an automatic weapon? I understand it's not illegall here per se BUT people just wouldn't get the necessary permissions and OK's in order to have the paperwork. Is that correct? I was thinking of trying for a bit of a lark.
  • #2
    six seven tango
    CGSSA Associate
    • Jan 2012
    • 1725

    Good luck in commifornia. You have to be in movie props or a manufacturer/dealer IIRC. Someone with more knowledge please correct me if I'm wrong.
    sigpic

    When Injustice Becomes Law, Resistance is Duty


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    • #3
      CAL.BAR
      CGSSA OC Chapter Leader
      • Nov 2007
      • 5632

      All you need is a police department or movie studio. (Literally!) You can do the research and all the leg work you want, but that's the bottom line. You need "good cause" for the DD permit and only LE and the movie houses get/have them. There are easier windmills to tilt.

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      • #4
        rrr70
        Senior Member
        • Jul 2008
        • 1832

        Moving out of state.
        "The police cannot protect the citizen at this stage of our development, and they cannot even protect themselves in many cases. It is up to the private citizen to protect himself and his family, and this is not only acceptable, but mandatory" Jeff Cooper

        sigpic

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        • #5
          timdps
          CGN/CGSSA Contributor
          CGN Contributor
          • Feb 2007
          • 3454

          Residence in a state that allows the purchase of machine guns...

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          • #6
            winnre
            Calguns Addict
            • Apr 2010
            • 9214

            Move to NV, AZ, FL or many other states.
            Buy a machine gun at Gunbroker.com or a local dealer.
            Pay a $200 tax and do some paperwork.
            Pick up your machine gun when it all clears.
            "If Jesus had a gun he would be alive today"-Homer Simpson

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            • #7
              formerTexan
              Senior Member
              • Aug 2006
              • 735

              If within CA, you need a DW permit, which is hard to get unless you are a prop house. Not sure how hard it is to get for a FFL (dealer or manufacturer) who paid the SOT for Title II. There are dealers that have them, however, I would think that a PD asked the dealer to bring in something for a sales demo or sample, and that is a "valid cause" that the CADOJ will approve the DW permit for. For manufacturers, I'm not so sure for CA, but for other states, they just have to be licensed as a manufacturer (FFL type 7) and pay the SOT with the Feds (and comply with local zoning to be a manufacturer), and they can make as many Title II firearms as they wish, notifying the Fed DOJ with form 2s, which can be faxed in.

              If you're in NV, AZ, or any other 31 or so states that do not ban MG ownership, then you can simply find the MG you like, and do a Form 4 transfer with the ATF. The transfer tax is $200 for a MG, which is paid directly to the ATF. Once the form 4 is approved and sent back to the dealer you're buying from, you can then take possession of the MG. There are other nuances to this, such as if the MG is at another dealer, then there needs to be another transfer on a form 3 done to your dealer, or if the MG you're buying is from another in state individual, then there is no need to go through a dealer, or if it is from an out of state individual, then it is a form 4 to your dealer, etc.
              CA, TX, CA, now in WA

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              • #8
                Librarian
                Admin and Poltergeist
                CGN Contributor - Lifetime
                • Oct 2005
                • 44628

                Here's the paperwork CA wants: http://oag.ca.gov/sites/all/files/pd...D030DWapp.pdf?

                It requires
                Applicants are required to provide clear and convincing evidence that there is a bona fide market or public necessity for the issuance of a dangerous weapons license or permit and that the applicants can satisfy that need without endangering public safety.
                ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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                • #9
                  wilit
                  Calguns Addict
                  • Dec 2005
                  • 5199

                  Originally posted by Librarian
                  Here's the paperwork CA wants: http://oag.ca.gov/sites/all/files/pd...D030DWapp.pdf?

                  It requires
                  Would those applications be public record like the LTC good cause statements? I'd be interested in seeing what language is used to get a DW permit.
                  "If a man hasn't found something worth dying for, he isn't fit to live." - Martin Luther King Jr.
                  "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin
                  "You have to be willing to swing your nuts like a deadblow hammer to put these jackasses in their place." - AJAX22
                  "The best defense against usurpatory government is an assertive citizenry." - William F Buckley Jr.
                  sigpic

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                  • #10
                    003
                    Veteran Member
                    • Jul 2010
                    • 3436

                    Originally posted by djandj
                    All you need is a police department or movie studio. (Literally!) You can do the research and all the leg work you want, but that's the bottom line. You need "good cause" for the DD permit and only LE and the movie houses get/have them. There are easier windmills to tilt.
                    California DOJ has nothing to do with California Police Departments buying, using or possessing fully automatic weapons. Police Departments do not need to get a California DOJ permit/certification of any kind. For a California Police Department to purchase a fully automatic weapon, all that is required is completing a simple AFT form and waiting a few weeks for it to be processed. This is usually handled at the same time the order is placed with a licensed dealer, since the serial number of the weapon/s is required for the form. The weapon/s are released by the dealer when the signed AFT paper work comes through.
                    Last edited by 003; 11-08-2012, 1:38 PM.

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                    • #11
                      winnre
                      Calguns Addict
                      • Apr 2010
                      • 9214

                      Was it always like this in CA even when MGs were still legal before 1986?
                      "If Jesus had a gun he would be alive today"-Homer Simpson

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                      • #12
                        Scotty
                        Senior Member
                        • Dec 2005
                        • 1551

                        Apparently it wasn't hard for my boss to get a Type 10 FFL to manufacture destructive devices. It took about a month.

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                        • #13
                          formerTexan
                          Senior Member
                          • Aug 2006
                          • 735

                          Originally posted by winnre
                          Was it always like this in CA even when MGs were still legal before 1986?
                          No, I've heard anecdotal reports of MGs that belonged to a CA resident that passed away, who legally possessed them with the appropriate Form1/4, and the family knew enough to sell/transfer that MG out of state. Often times, unless there was instruction given to the relatives or handlers of the estate, many of these valuable transferables are simply given to the local PD.

                          I've also heard reports of PDs saying to families that they can only be turned in to them for destruction, which is not true. The ATF has very clear guidelines on how to transfer, tax-free, a deceased person's Title II items.

                          Back to the original question, there was a time when you can own pretty much anything in CA, I suspect up until the 60s or 70s. Many of the big importers of firearms and militaria were based in CA until the last few decades. Small Arms Review has had articles of people who ran these, and one talked about driving a 20mm canon from CA to the east coast, and past by the White House with the 20mm Of course, this was in the 60s.
                          CA, TX, CA, now in WA

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                          • #14
                            Petro6golf
                            Senior Member
                            • Dec 2010
                            • 1309

                            So what constitutes good cause for an AOW or SBR? Ive looked around and cant find it.
                            Last edited by Librarian; 07-31-2014, 2:00 AM.

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                            • #15
                              wireless
                              Veteran Member
                              • May 2010
                              • 4346

                              So how long until some of us apply, get denied, and NRA/SAF/CGF sues?

                              Applicants are required to provide clear and convincing evidence that there is a bona fide market or public necessity for the issuance of a dangerous weapons license or permit and that the applicants can satisfy that need without endangering public safety
                              A NFA machine gun has never been used to commit a murder, besides the police officer who killed a drug dealer with a NFA weapon illegally... It seems to me irrational fears of things that aren't even happening is enough to deny us our constitutional rights.

                              I can't imagine milling a lightning link would be particularly difficult. Seems to me criminals aren't milling machine gun parts to commit their crimes.

                              I would accept a stream lined NFA process that is similar to a SHALL issue conceal carry permits in WA, AZ, FL, UT. Of course this would apply to any machine gun produced in any year. I could also see how suppressors would require a few days to run through a prohibited persons database as well for the initial permit. This permit would be a one time deal, allowing an individual to buy as many machine guns or suppressors as they please without any waiting period. There are some inherent dangers in those types of firearms. Making sure responsible, law abiding, free people have access to those firearms and not criminals is a valid concern. SBRs and SBS should not be subjected to any more regulation than a long arm in free states. The fact that they are even on the NFA is ridiculous.
                              Last edited by wireless; 07-31-2014, 1:23 AM.

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