Selling A Form 1 Rifle - Never Converted

If OP is selling a HK to fund his next project, I'll eat my hat. That's not an HK baller move. That's a "the poors" move, like the rest of us lowly heathens.
šŸ˜‚ not balling unfortunately. I was looking for something more compact and versatile. Decided to SBR a scorpion instead. Even after converting a USC, itā€™s still not a small gun.
 
This is the correct answer. You can sell it and send the deregistration letter in the same day. You probably want to know if the buyer plans to SBR, they will have to wait until itā€™s off the registry.
Yeah I will definitely let the buyer know.
 
So, I was told it would affect future form 1 registration. With many things NFA it could totally be rumor.
I think it would affect it if they plan to form 1 it while itā€™s still registered. Once itā€™s off the registry it shouldnā€™t be an issue.
 
If it is no longer an NFA item it should not matter if some one else wants to form 1 it again ATF will take your money. There will always be a record kept, itā€™s status may change but it is never removed. I will let you know soon for sure. I Have a form 1 for a Factory Mossberg SBS that was sold to me without a barrel
I thought this was interesting after our discussion. This was posted in Reddit r/NFA. In the end he was able to get his application approved after being denied since the SN was in the system. Did yours get approved?
 

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Just a FYIā€¦I got a confirmation letter in the mail today that the request was completed. Was stamped with an October date. Seems like it was reviewed fairly quickly but took a little over a month to actually notify me. Took about 2 months total.
 
I thought this was interesting after our discussion. This was posted in Reddit r/NFA. In the end he was able to get his application approved after being denied since the SN was in the system. Did yours get approved?
Interesting, but still a lot left to be answered, I wonder if this is the policy or an inexperienced inspector, the way they referred to form 4 and 3 to transfer of a pistol? I just sent mine off this week, the variable with mine is, I have herd some SBS get disapproved and some don't in MA. No valid reason to disapprove a bare receiver, shockwave or Factory SBS receiver. Again maybe inexperienced inspectors dealing with MA law, I will keep you posted on my results

Hands down the best practice is what the OP did in this case notifying the ATF. But it appears from the reddit post the seller does not necessarily have to do it, the buyer can too.
 
Interesting, but still a lot left to be answered, I wonder if this is the policy or an inexperienced inspector, the way they referred to form 4 and 3 to transfer of a pistol? I just sent mine off this week, the variable with mine is, I have herd some SBS get disapproved and some don't in MA. No valid reason to disapprove a bare receiver, shockwave or Factory SBS receiver. Again maybe inexperienced inspectors dealing with MA law, I will keep you posted on my results

Hands down the best practice is what the OP did in this case notifying the ATF. But it appears from the reddit post the seller does not necessarily have to do it, the buyer can too.
Surprisingly it didnā€™t take as long as I expected. Got the confirmation in the mail the other day. Date of review was 10/28/21, less than a month after I sent the request but took a month to actually get notified. Overall about 2 months. Listed the rifle for sale (HK USC if anyone is interested). Hopefully the transfer will go through without any issues. Iā€™ll report back once itā€™s sold.
 
Update:
Got the confirmation in the mail the other day. Surprisingly it didnā€™t take as long as I expected. Date of review was 10/28/21, less than a month after I sent the request but took a month to actually get notified. Overall about 2 months. Listed the rifle for sale (HK USC if anyone is interested). Hopefully the transfer will go through without any issues. Iā€™ll report back once itā€™s sold.
 
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This has regret written all over it

having gone through the trouble of acquiring an HK USC and paying the $200 stamp, if you sell that rifle and eat the $200 tax, I can basically guarantee a day of regret will come for having gotten so close to a UMP and going a different direction. The ONLY reason to back out is to pay bills, unforeseen expenses, etc. Since you already got an HK USC itā€™s obvious you got good taste!

perhaps itā€™s too late now since youā€™ve already performed a form +1-1=0. in that case maybe stay away from form 1ā€™s for a while. for any hobby or project, excitement waxes and wanes over time but thereā€™s something of a go / no-go decision Iā€™ve learned to make, at which point Iā€™ve committed and my whimsical interests no longer matter because Iā€™m committed to it.
 
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This has regret written all over it

having gone through the trouble of acquiring an HK USC and paying the $200 stamp, if you sell that rifle and eat the $200 tax, I can basically guarantee a day of regret will come for having gotten so close to a UMP and going a different direction. The ONLY reason to back out is to pay bills, unforeseen expenses, etc. Since you already got an HK USC itā€™s obvious you got good taste!

perhaps itā€™s too late now since youā€™ve already performed a form +1-1=0. in that case maybe stay away from form 1ā€™s for a while. for any hobby or project, excitement waxes and wanes over time but thereā€™s something of a go / no-go decision Iā€™ve learned to make, at which point Iā€™ve committed and my whimsical interests no longer matter because Iā€™m committed to it.
Youā€™re not making selling it easier for me lol. The decision was based on a number of factors. Mainly I wanted an all around compact rifle. The parts are a pain to get, by the time I finished it would have cost me twice what the USC costs and it still wouldnā€™t be as compact as I wanted. For a lot less I SBRd a scorpion, and itā€™s the perfect size for me. Donā€™t get me wrong, itā€™s a great rifle and Iā€™m sure Iā€™ll regret it one day but it probably would have just sat in the safe. It was also the first form 1 Iā€™ve done, I probably should have thought it through more but oh well.
 
I just had final contact with ATF guy about taking a rifle that I never converted out of the "Registry". Also info about refunds ......
If it helps anyone here's my experience:

In OCT 2022 I called ATF to ask how to go about doing process. I was told by nice ATF lady rep on phone I could send an email and she provided the address. I sent it shortly after

A few weeks went by, I called back to inquire status, they were able to see that an email had been received and was on someone's electronic desk.

In mid JAN 2023 I get an email from an ATF guy saying I needed to forward a signed letter, which included all info I provided in email to them. He did not specify how or where to send it.
I typed a letter, signed it and sent an email copy to him and same day opened a question on ATF Eforms page regarding same question of where to send it and also if a refund was possible (wasn't sure who I'd hear back from first).

The next day both responded. The guy said that they had "removed the item form the purview of the NFA as it was not made." As all info was sent to this person, I am satisfied that gun is in the clear in order to sell (with copies of email and letter to buyer).

The response from the eForms page said I needed to send things to an address with copy of the stamp. This response may have been because of my refund inquiry.

I had inquired about a refund for the unused tax stamp. The ATF guy advised that refunds are only available for stamps issued in past 3 years (I was over this time frame). He provided this link for that info

Aside from the 3 month initial response, once the process was rolling it went fine, albeit a bit confusing. I did become educated on the proper terminology of NFA purview rather than SBR Registry
The new eForms page seems to work well.
 
I thought this was interesting after our discussion. This was posted in Reddit r/NFA. In the end he was able to get his application approved after being denied since the SN was in the system. Did yours get approved?
This is great but doesnā€™t say anything about what happened (if anything) to the guy who didnā€™t remove the serial number from the title 2 registry before he sold it to OP. As a seller, my main concern would be selling a title 1 format rifle I previously form1ed and the next owner or future owners go to form1 it, and the ATF coming down on me for not removing it from the registry first before I selling it. Anyone have definitive experience with that?
 
This is great but doesnā€™t say anything about what happened (if anything) to the guy who didnā€™t remove the serial number from the title 2 registry before he sold it to OP. As a seller, my main concern would be selling a title 1 format rifle I previously form1ed and the next owner or future owners go to form1 it, and the ATF coming down on me for not removing it from the registry first before I selling it. Anyone have definitive experience with that?
There is no obligation to remove the item from NFA registry. As long as you sell it as a title one firearm you are fine.
 
There is no obligation to remove the item from NFA registry. As long as you sell it as a title one firearm you are fine.
Thatā€™s great and I believe you, but do you have anything affirming/substantiating that? I canā€™t use ā€œbecause JRT said it was OKā€. This is DOJ/ATF, and theyā€™re just looking for reasons to jam up law abiding citizens.
 
Thatā€™s great and I believe you, but do you have anything affirming/substantiating that? I canā€™t use ā€œbecause JRT said it was OKā€. This is DOJ/ATF, and theyā€™re just looking for reasons to jam up law abiding citizens.
I do not, Iā€™ve been involved with NFA items for 29 years though, just my experience. That is still useless in court! šŸ¤£
 
Thatā€™s great and I believe you, but do you have anything affirming/substantiating that? I canā€™t use ā€œbecause JRT said it was OKā€. This is DOJ/ATF, and theyā€™re just looking for reasons to jam up law abiding citizens.
I hear you, I like to err on the side of caution with these things and notify them. Iā€™m selling a MPX right now that was SBDrd. I just emailed the NFA directly and specifically asked if I need to wait until I get confirmation before I can sell it. This is the response I got:

ā€œNo you donā€™t. As soon as the firearm is physically removed from the purview of the NFA it may be treated the same as any other non-NFA firearm. You may contact the call center to verify if the weapon has been removed at 304-616-4500.ā€

Side note, I used this letter generator twice now: ATF NFRTR Letter Requesting Removal of a SBR/SBS Title 2 Status Genera
 
This is great but doesnā€™t say anything about what happened (if anything) to the guy who didnā€™t remove the serial number from the title 2 registry before he sold it to OP. As a seller, my main concern would be selling a title 1 format rifle I previously form1ed and the next owner or future owners go to form1 it, and the ATF coming down on me for not removing it from the registry first before I selling it. Anyone have definitive experience with that?
I would definitely request it be removed from the registry before I sell it. You donā€™t need to wait until itā€™s confirmed to sell it but I would let the buyer know they might need to wait some time. Kinda dickish to not notify the buyer, in my opinion.
 
I just had final contact with ATF guy about taking a rifle that I never converted out of the "Registry". Also info about refunds ......
If it helps anyone here's my experience:

In OCT 2022 I called ATF to ask how to go about doing process. I was told by nice ATF lady rep on phone I could send an email and she provided the address. I sent it shortly after

A few weeks went by, I called back to inquire status, they were able to see that an email had been received and was on someone's electronic desk.

In mid JAN 2023 I get an email from an ATF guy saying I needed to forward a signed letter, which included all info I provided in email to them. He did not specify how or where to send it.
I typed a letter, signed it and sent an email copy to him and same day opened a question on ATF Eforms page regarding same question of where to send it and also if a refund was possible (wasn't sure who I'd hear back from first).

The next day both responded. The guy said that they had "removed the item form the purview of the NFA as it was not made." As all info was sent to this person, I am satisfied that gun is in the clear in order to sell (with copies of email and letter to buyer).

The response from the eForms page said I needed to send things to an address with copy of the stamp. This response may have been because of my refund inquiry.

I had inquired about a refund for the unused tax stamp. The ATF guy advised that refunds are only available for stamps issued in past 3 years (I was over this time frame). He provided this link for that info

Aside from the 3 month initial response, once the process was rolling it went fine, albeit a bit confusing. I did become educated on the proper terminology of NFA purview rather than SBR Registry
The new eForms page seems to work well.
Thanks for the info. I never converted one of the rifles I submitted a form 1 for, maybe Iā€™ll try and get a refund and see what happens. I feel like itā€™ll be like pulling teeth though lol.
 
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