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Mr. 37mm

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Registered: 08/20/10
Posts: 140
Reply with quote  #1 

Personal

The first method and hardest is to register your 37mm launcher personally.  First you will need to get a copy of ATF-Form-1 and ATF Form 5330.20— Certification of Compliance with 18 U.S.C. 922(g)(5)(B).  You can link to both forms from the ATF FORMS page.  Then you will need to obtain 2 ATF approved fingerprint cards and two 2"x2" passport photos.  First you will need to fill out your Form-1 in duplicate, then attach your 2x2 photo to the back of each copy.  Next your will need to find a local police department or company to fingerprint you.  After this is done you will need to submit your Filled our form to the Local CLEO (chief law enforcement officer).  You may or may not have a problem at this point.  Your future Destructive Device is completely in his hands.  Once your formed is signed by the CLEO you now must send duplicate copy's of your Form-1 with your attached photos, your ATF Form 5330.20— Certification of Compliance with 18 U.S.C. 922(g)(5)(B), fingerprint cards, and a check for $200 for your tax stamp. 

 

Trust

The second method and in my opinion the easiest is the Trust.  First you will need to create a  Revocable Living Trust.  There are several ways to do this.  First you can have a lawyer draft one for you, however this is going to cost you at least $500.   Second you can use an on-line legal site such as LegalZoom.com,  they will charge you around $250. The best way in my opinion is to go to your local office supply store (Office Max or Staples) and buy a trust kit for around $30.  The kit has easy to follow instructions.  All you do is fill in the blanks. Then you will need to fill out your ATF-Form-1 and ATF Form 5330.20— Certification of Compliance with 18 U.S.C. 922(g)(5)(B) in duplicate.  You will need to make a copy of the signed trust, the assignment of property to trust form, and the schedule of assets (these will all come in your kit) DO NOT SEND THE ORIGINAL!!  When you use a trust to register your 37mm launcher you DO NOT have to provide fingerprint cards, 2x2 photos, and you DO NOT have to get your local CLEO (Chief Law Enforcment Officer) to sign your form.  Next gather all your documents  (Form 1, 18 U.S.C complience form, a copy of your trust, a copy of your schedule of assets,  and assignment of property of trust) and make sure to include a check  for your tax stamp in the amount of $200.  

 

Corporation

The third method is to hold your 37mm device in a corporation that you own.  The process of filing your Form-1 in the name of a corporation is the same as doing it in a trust, but instead of creating a trust you create or use a current corporation.  However there are some drawbacks to this method.  One if your company ever goes under you will have to quickly transfer your weapon into something else and pay the $200 tax again.  You may also have to pay tax's on your launcher every year since it is a asset of the corporation.  If you create a corporation to simply hold class three items and do not plan on using it for buisness reasons it could cause some problems and cost a lot of money to simply keep the corporation going.  

 

Tips:

1. When filling out your form 1 make sure in box 3b that you type or print below and between the dots

2. When filling out box 3b make sure to fill it out in the name of the trust.  I just used my name for the trust  (the John doe Trust)

3. Make sure you print legibly 

4. Make sure your fingerprints (if required) are not smudged and in black ink

5. Do not abbreviate anything

6. Print your name in box 10 followed by "grantor" and "revocable living trust"

7. If your launcher is not serial numbered you must get it done before you send in your forms

8. Box 4i why do you intend to make firearm. Best answer "lawful use"

9. Make sure you send everything in duplicate and well organized

10. Most important BE PATIENT after you mail in your form expect to wait up to 5 months, especially if this is your first class 3 item.  After your first class 3 item the normal wait time is around 3 months.

11. Do not call and pester the ATF!!!!  



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Mr. 37mm
gin828

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Registered: 08/21/10
Posts: 29
Reply with quote  #2 
Hello ddhix,

 You just make your serial number i.e. ddhix123, abc123, or whatever you can think of basically. It does have to be engraved in plain sight and there is a depth and size but i don't know it off hand. ASA does engraving and Mr.37mm would know the specs for it.

As for as HE rounds you would have to find somebody that sells them first. It is true that each HE round be registered ($200 each one), stored in an approved magazine(more$$$), and the remains after firing be sent to ATF. It all equals a big headache in my honest opinion, not to mention all the paperwork and record keeping



Mr. 37mm

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Registered: 08/20/10
Posts: 140
Reply with quote  #3 
ddhix

I can do the laser engraving for you.  You just pick what ever serial number you would like.  You can use your birthday and your Initials for example.  

Gin is right about the HE rounds.  You do have to register each round that holds over 1/4 oz of explosive material.  They other way to be able to manufacture these rounds with out the $200 tax on each would be to get your FFL for manufacturing Destructive Device ammunition.  The fee is $3000.  Then you would need to get the appropriate explosive certification for you state and local laws.  You would need a location that is zoned correctly and has the proper distance from other dwellings.  You would then need to get an approved magazine.  Once your get an approval from the ATF, you can start manufacturing.  You would need to make a legitimate business out of it.  Using the licence just to make your own personal toys could constitute tax evasion ( not paying the $200 tax per).  Either way you go it is a huge headache and extremely expensive!! 

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Mr. 37mm
Mr. 37mm

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Registered: 08/20/10
Posts: 140
Reply with quote  #4 
You can not form 1 a Machine gun!!  All transferable machine guns are pre 1986. The only people who can manufacture a machine gun are Class 3 manufactures and they are limited to selling to military, police, and other class 3 dealers.  A class 3 dealer wanting to get a Post Sample ( machine gun made after 1986)  must first obtain a police letter from a chief law enforcement officer requesting a sample.  You may get a visit from your friendly local ATF agent if you send in a form 1 for a machine gun!!
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Mr. 37mm
Mr. 37mm

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Judge, Jury, and Executioner
Registered: 08/20/10
Posts: 140
Reply with quote  #5 
No problem.  Let me know if you have anymore questions.  It would be AWESOME if we could form 1 a machine gun!! 
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Mr. 37mm
Mr. 37mm

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Judge, Jury, and Executioner
Registered: 08/20/10
Posts: 140
Reply with quote  #6 
No problem.  Let me know if you have anymore questions.  It would be AWESOME if we could form 1 a machine gun!! 
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Mr. 37mm
Bricky1973

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Registered: 03/01/12
Posts: 1
Reply with quote  #7 

  If I'm registering my 37mm launcher as a deadly device, in the ATF form 1 question 4b asks type of firearm to be made what is the correct answer?If I use a 12 gauge or other insert does it have to be listed as such?

 

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