buying MG in state VS out of state


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Brockak47
December 24, 2012, 06:11 PM
I am in the market for a M11/9 I can't find what I want in state, what is the difference between buying one in state vs out of state?

Thanks

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AlexanderA
December 24, 2012, 08:14 PM
If you buy in state it's one $200 transfer (and one wait). Out of state, you have to have it transferred to an FFL/SOT in your state first, and then it's transferred to you. If the out-of-state seller is an FFL/SOT, it goes to your FFL/SOT tax-free on a Form 3, otherwise it's tax-paid on a Form 4. So you could have one $200 transfer, or two $200 transfers, depending on the circumstances. There would be two waits in any case. An M11/9 is not a C&R, so you can't use the C&R license route to eliminate one of the transfers.

Flyincedar
December 24, 2012, 08:37 PM
You shouldn't have a reason to have two. If the dealer you plan to use is not an SOT, find one that is. The only way a non SOT could do it would be to transfer it to them on a Form 4, which means they own it. Its also about a 6 month wait. Then you gotta have t transferred to you, which is another 6 months. That would be a ridiculous route to go with it.

Our Form 3 transfers, dealer to dealer are running on average 30 days right now. Have the seller transfer it on a form 3, and then transfer it to you on a form 4.

There may be different things I am not thinking of as well, as I do not handle the paperwork for our shop

AlexanderA
December 24, 2012, 08:58 PM
Form 3 tax-exempt transfers are only dealer-to-dealer. If the out-of-state original seller is a non-dealer (individual or trust, it doesn't matter), the transfer to the buyer's in-state dealer is done on a tax-paid Form 4. Then a second Form 4 tax-paid transfer is required from the in-state dealer to the buyer.

Flyincedar
December 24, 2012, 09:42 PM
I didn't even take into account it coming from a non dealer. Good point.

Brockak47
December 24, 2012, 09:47 PM
So if I buy from a class III dealer from out of state I should be just as good as buying one in state?

I am hoping to get it transferred either way to Scottsdale gun club or another dealer seller that has a range so I can shoot it there while I'm waiting for it to transfer to my possession

Jim K
December 24, 2012, 09:56 PM
If the buyer has a C&R license, and the item is a C&R (say a WWII STEN), the out of state seller can take/ship it to the buyer directly, without going through any Class 3 dealer. (The transfer tax must be paid, though, and the Form 4 approved.)

Jim

Flyincedar
December 24, 2012, 11:18 PM
Yes, buying from a dealer is almost the same, except you'll have to pay, then wait 30 days or so for the Form 3 to be approved for transfer to your dealer, then it can be shipped. Once it arrives, you can do your Form 4 and start the wait

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