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SBR actions Question

Discussion in 'NFA Firearms and Accessories' started by red caddy, Mar 17, 2011.

  1. red caddy

    red caddy New Member

    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
  2. kingpin008

    kingpin008 New Member

    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.
  3. CoRoMo

    CoRoMo Active Member

    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.
  4. CoRoMo

    CoRoMo Active Member

    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.
    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.


    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.

    Last edited: Mar 18, 2011
  5. PoserHoser

    PoserHoser New Member

    youhave to transfer it via the ATF
  6. CoRoMo

    CoRoMo Active Member


    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.
  7. Carl N. Brown

    Carl N. Brown Active Member

    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

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