selling an nfa?

[garyz]

what is the process to sell an nfa weapon
i have a sbr that i'm thinking of selling
but i'm not sure of the process.
i would have it done via a dealer, but,
what / how would it be done
i would want to be paid when the ppwk is done, i'm guessing,
and the buyer would have to wait for their form 1/4 ?
so the gun would be held at the dealer?
also, any idea what the cost is for an nfa transfer?

thx
garyz

 

[abundigas]

The problem with going through a dealer, is the transfer time. The buyer would have to wait for the transfer to the dealer, and then again for the transfer to them. I believe if it is an in state transfer you can go directly from you to the buyer ( But not sure, I have never done one. ) The other option, depending on the item in question might be to have it removed from the NFA registry, and then sell it as a regular rifle, and let the new owner SBR it if they want. But Im sure someone with more experiance than I will be along shortly to point you in the right direction.

 

[Remsport Mfg]

When the dealer takes the firearm in they file a form 3 and it is approved over night. The dealer has no fee to pay to the ATF and the firearm is reg. to their SOT or bound book if they are a class III dealer.

 

[Finalygotabeltfed]

Most NFA stuff is cash up front to start the transfer. Thats between you and the buyer.

Selling directly to an in state buyer = one $200 transfer tax.

You can do the forms, download them or call the ATF in Boston. You want at least two copies of the form 5320.4 or " a form 4" for NFA transfer. Get extras if you can in case you make a mistake on one. If you download them, make sure they print off double sided. Single sided forms won't be accepted.

The buyer's chief of police or other applicable LEO must sign both the forms in ink.

2 fingerprint cards
1 citizenship declaration form
1 copy of MA LTC or FID whichever is applicable
2 passport size photos attached to the forms in the marked place. I use rubber cement and it works fine. Glue sticks, tape staples, whatever floats your boat.
1 $200 check made payable to the BATFE
Send regular mail to address printed on the form
Sit back and wait.

 

[garyz]

so i'm guessing, as the seller, i would hold the gun until
the buyer's stamp is approved?

thx for the info
garyz

 

[01SVTvert]

so i'm guessing, as the seller, i would hold the gun until
the buyer's stamp is approved?

thx for the info
garyz

Yep, sell directly to an in state person on a form 4. They pay you (half price, whatever terms are agreed upon) and then you wait 6 months for the paperwork to come back. File a FA10 and give it to them. Same process as a MG. You own it until BOTH the form comes back and you transfer it on the FA10.

Reason why people dont buy SBRs that are form 1'd from a person is the cost of the transfer is equal to them buying a title one gun and completing a form 1 on it and making it themselves. That and the engraving with (usually) another persons name on it. Ignore this if it is a factory SBR.

 

[securityboy]

When the dealer takes the firearm in they file a form 3 and it is approved over night. The dealer has no fee to pay to the ATF and the firearm is reg. to their SOT or bound book if they are a class III dealer.

That is all fairly misleading...

If you (the OP) use a dealer it goes to that dealer on a FORM4 (with $200 tax paid) with associated wait (I just did one to a dealer wait was 4 months). If the dealer transfers it to another dealer that would be via a form 3 as mentioned above (though they aren't always "overnight"). If the dealer transfers it to an individual it would go on a FORM4 (with $200 tax paid).

Long story short, if you (the OP) are selling your SBR you will be selling it "on" a FORM4. There is NO REASON to use an in state dealer, unless you like waisting time & money (assuming the dealer doesn't work for free). If you sell it in-state, transfer it direct to the buyer (one $200 transfer tax [if you used a dealer it would be two $200 taxes]). If you sell it out of state, transfer it to the buyers dealer in thier state (who will then transfer it to the actual buyer) no way around two transfer taxes on an out of state to an individual sale.

 

[garyz]

wow, nothing is easy.
so if i transfer via a dealer, does the dlr pay a $200 stamp
on top of the buyer's stamp or just the buyer pays a stamp fee

again thx to all
garyz

 

[Acme.Armament]

Most NFA stuff is cash up front to start the transfer. Thats between you and the buyer.

Selling directly to an in state buyer = one $200 transfer tax.

You can do the forms, download them or call the ATF in Boston. You want at least two copies of the form 5320.4 or " a form 4" for NFA transfer. Get extras if you can in case you make a mistake on one. If you download them, make sure they print off double sided. Single sided forms won't be accepted.

The buyer's chief of police or other applicable LEO must sign both the forms in ink.

2 fingerprint cards
1 citizenship declaration form
1 copy of MA LTC or FID whichever is applicable
2 passport size photos attached to the forms in the marked place. I use rubber cement and it works fine. Glue sticks, tape staples, whatever floats your boat.
1 $200 check made payable to the BATFE
Send regular mail to address printed on the form
Sit back and wait.

That is all fairly misleading...

If you (the OP) use a dealer it goes to that dealer on a FORM4 (with $200 tax paid) with associated wait (I just did one to a dealer wait was 4 months). If the dealer transfers it to another dealer that would be via a form 3 as mentioned above (though they aren't always "overnight"). If the dealer transfers it to an individual it would go on a FORM4 (with $200 tax paid).

Long story short, if you (the OP) are selling your SBR you will be selling it "on" a FORM4. There is NO REASON to use an in state dealer, unless you like waisting time & money (assuming the dealer doesn't work for free). If you sell it in-state, transfer it direct to the buyer (one $200 transfer tax [if you used a dealer it would be two $200 taxes]). If you sell it out of state, transfer it to the buyers dealer in thier state (who will then transfer it to the actual buyer) no way around two transfer taxes on an out of state to an individual sale.

so i'm guessing, as the seller, i would hold the gun until
the buyer's stamp is approved?

thx for the info
garyz

Gary,
What FGBF & Securityboy say are true. Both are experienced with NFA. And yes you hold onto the gun until the buyers Tax Stamp arrives. Nothing with NFA Items happens overnight. IE: Acme is awaiting two NFA transfers that started in early May from another SOT to ours.

 

[Finalygotabeltfed]

wow, nothing is easy.
so if i transfer via a dealer, does the dlr pay a $200 stamp
on top of the buyer's stamp or just the buyer pays a stamp fee

again thx to all
garyz

Yes, if a dealer is brought into the mix, there will be two taxes that must be paid (unless the dealer is also the buyer) and double the wait time.



Seller to in state buyer=1 $200 tax due. paid by you or the buyer

Seller to dealer to out of state buyer = 2 $200 taxes due. paid by you or the buyer

The dealer isn't going to shell out any money for the taxes, either you or the ultimate buyer is. The dealer is just a formality in the whole deal of an interstate transfer who is paid for his services.If you want to avoid the second tax, sell it in state directly to a buyer.

If you want to avoid paying any transfer tax on it, remove the short barrel and replace it with regular barrel then write a letter to the ATF asking them to remove the serial number from the registry.

 

[Remsport Mfg]

No a dealer dosen't have to pay the tax only the purchaser submitting a form 4 or if you build yourself a form 1 pays the tax. A dealer with an SOT has already paid the tax to deal in NFA firearms. You do not need a dealer to do an in state transfer.

 

[one-eyed Jack]

If you are in Mass, you might find that your examiner will want to see a copy of the "Green Card" to approve a form 3 or 4 for a SBR. I had to show it to bring in a pen gun. Jack.

 

[Finalygotabeltfed]

If you are in Mass, you might find that your examiner will want to see a copy of the "Green Card" to approve a form 3 or 4 for a SBR. I had to show it to bring in a pen gun. Jack.

They "might" require it, but it would be just another "make up the rules as they go" requirement by the examiner/ATF as its not required by this state.

MA law makes no mention of any requirement of a greencard for possession of an SBR, so it can be possessed with an FID or LTC depending on its other configurations.

 

[alpha1]

They "might" require it, but it would be just another "make up the rules as they go" requirement by the examiner/ATF as its not required by this state.

MA law makes no mention of any requirement of a greencard for possession of an SBR, so it can be possessed with an FID or LTC depending on its other configurations.

That may be true, as always with any NFA firearm, it is wise to have a copy of the form 1 or 4 with you along with your (prefiled) 5320.20 if you plan to take your weapon out of state.

In state sale as follows;
Seller and buyer agree on price/deal for firearm.
Buyer submitts paper work to NFA w/$200 payment
Seller holds weapon until new form/ $200 stamp returns from NFA
Seller contacts buyer, weapon and new form/stamp has arrived. (Chris Ferris is running about 5-6 months)
Seller and buyer fill out an FA10; all documents are copied, exchanged and filed.
Buyer now takes control of the SBR/MG
Seller kicks him/her self in the ass for selling SBR
Buyer enjoys new range toy.

 

[one-eyed Jack]

They "might" require it, but it would be just another "make up the rules as they go" requirement by the examiner/ATF as its not required by this state.

MA law makes no mention of any requirement of a greencard for possession of an SBR, so it can be possessed with an FID or LTC depending on its other configurations.

True, but during my 30 yrs dealing with ATF I've seen some strange things. Especially during the Clinton years. Jack.

 

[Finalygotabeltfed]

True, but during my 30 yrs dealing with ATF I've seen some strange things. Especially during the Clinton years. Jack.

Yep, no doubt. Call and ask a question and if you asked ten different people, you'll likely get seven different answers, the other three will be honest "I don't knows".

 

[securityboy]

No a dealer dosen't have to pay the tax only the purchaser submitting a form 4 or if you build yourself a form 1 pays the tax. A dealer with an SOT has already paid the tax to deal in NFA firearms. You do not need a dealer to do an in state transfer.

Again misleading...
There is NO TAX on form 3 transfers (SOT to SOT transfers). But on FORM 4 transfers there is a $200 transfer tax that "some one" has to pay.And in a "individual" to dealer to "individual" transaction there are two FORM 4 transfers, one from the original owner to the dealer and one from the dealer to the buyer. an SOT does not exempt anyone from the tax on FORM 4 transfers. A dealer can certainly say to the seller/buyer "you guys pay the two taxes, because I choose not to" , but again "some one" will be paying those taxes on the transfers...

I sent out an MG a monthish back to a dealer out west who bought it from me, guess who paid the tax? Not Me....

 

[garyz]

appreciate all the info
thx
garyz

 

[maleante]

When the dealer takes the firearm in they file a form 3 and it is approved over night. The dealer has no fee to pay to the ATF and the firearm is reg. to their SOT or bound book if they are a class III dealer.

Not exactly overnight anymore... I had a form 3 submitted in November 2011 that was approved in April 2012.

 

[Acme.Armament]

When the dealer takes the firearm in they file a form 3 and it is approved over night.

No. This does not happen overnight. A current dealer to dealer NFA transfer took 7 weeks and that includes the 2-Day shipping of the firearm.

Not exactly overnight anymore... I had a form 3 submitted in November 2011 that was approved in April 2012.