SBR actions Question


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red caddy
March 17, 2011, 04:50 PM
If I legally hold a SBR, or a suppressor as an individual, CLEO signature, form 1 approved, and I want to,
1) Sell it.
2) Loan it to a friend, to shoot, with out me being present.
3) Gift it to a family member. (same state or another permitting state)
4) Bequeath it, upon my death.

Would someone lay out for me, the restrictions, requirements and likely scenario's resulting from each action listed above.

Thanks very much, Paul

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kingpin008
March 17, 2011, 05:06 PM
In regards to number two, unless you have a trust and they are listed as an officer (or whatever the language is) they may not possess it without you present.

CoRoMo
March 17, 2011, 07:05 PM
kingpin008 is right.

Also, #1 and #3 are the same thing. They are both NFA transfers and will require an approved Form 4 on the part of the buyer, and $200 tax stamp. As for #4, CLICK HERE (http://www.thehighroad.org/showthread.php?t=561769).

CoRoMo
March 18, 2011, 06:36 PM
...unless you have a trust and they are listed as an officer (or whatever...
Since you brought that up, but I assume this is not actually the case with the OP, a trust could, could make #2, #3, and #4 a little easier. But only if the friend in #2 and the family member in #3, is a trustee. I really don't recommend making friends trustees, but you'll have to decide if the friend is a real friend or not. I have family members that I wouldn't dare add to my list of trustees, much less non-relations.
...a family member. (same state or another permitting state)
State lines are going to require BATFE Form 5320.20 approval for everything except silencers and AOWs. Even if your fellow trustee is located in the neighboring state, in order for the SBR to cross the state line, this form must be filed.

http://www.atf.gov/forms/download/atf-f-5320-20.pdf

Trust ownership of many things other than guns, is greatly valuable when a death occurs. Just do some googling on revocable living trusts and probate. Commit to reading the info. It can be beneficial. The next time you title a vehicle or refinance your home, you might want to consider a trust. It's not just about NFA toys, and it's not for everyone. Professional legal advice is always best of course.

Here's a good thread with some good posts about trusts.

http://www.thehighroad.org/showthread.php?p=6446193&highlight=probate

PoserHoser
March 18, 2011, 09:49 PM
youhave to transfer it via the ATF

CoRoMo
March 21, 2011, 11:42 AM
youhave to transfer it via the ATF
What?

No, you transfer it via a licensed dealer. The ATF cannot transfer a firearm for you. They only approve/deny the forms required in the transfers.

Carl N. Brown
March 21, 2011, 01:23 PM
Transfer of a NFA registered weapon from a lawful owner residing in the same State as the transferee requires approval by ATF and execution of Form 4 paperwork to transfer the NFA registration (CLEO signoff of transferee, tax. etc) but no need to involve a Class 03 dealer.

IIRC, interstate transfers must be through a Class 3 dealer.

from atf.gov download 21 Mar 2011
Q: What are the required transfer procedures for an individual who is not qualified as a manufacturer, importer, or dealer of NFA firearms?
ATF Form 4 (5320.4) must be completed, in duplicate. The transferor first completes the face of the form. The transferee completes the transferee’s certification on the reverse of the form and must have the “Law Enforcement Certification” completed by the chief law enforcement officer.

The transferee is to place, on each copy of the form, a 2-inch by 2-inch photograph of the transferee taken within the past year (proofs, group photographs or photocopies are unacceptable). The transferee’s address must be a street address, not a post office box. If there is no street address, specific directions to the residence must be included.

If State or local law requires a permit or license to purchase, possess, or receive NFA firearms, a copy of the transferee’s permit or license must accompany the application. A check or money order for $200 ($5 for transfer of “any other weapon”) shall be made payable to ATF by the transferor. All signatures on both copies must be in ink.

Fingerprints also must be submitted on FBI Form FD-258, in duplicate. Fingerprints must be taken by a person qualified to do so, and must be clear and classifiable. If wear or damage to the fingertips do not allow clear prints, and if the prints are taken by a law enforcement official, a statement on his or her official letterhead giving the reason why good prints are unobtainable should accompany the fingerprints.

Forward the completed application and appropriate tax payment to the Bureau of ATF, National Firearms Act Branch, P.O. Box 530298, Atlanta, GA 30353-0298.

Transfer of the NFA firearm may be made only upon approval of the ATF Form 4 by the NFA Branch. If the application is approved, the original of the form with the cancelled stamp affixed showing approval will be returned to the applicant. If the tax application is denied, the tax will be refunded.

Upon approval of the ATF Form 4, the transferor should transfer the firearm as soon as possible, since the firearm is now registered to the transferee.

[26 U.S.C. 5812, 27 CFR 479.84-86]

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