Suppressor Transfers between 2 Individuals

[tacweapon]

What is the law concerning suppressor transfers between 2 individuals ? The suppressor is registered so what paperwork is needed to legally transfer the suppressor from one person to the other

Any help would be appreciated

Thanks Already

 

[General Geoff]

All NFA paperwork must be filled out and approved by the ATF before the transfer can occur, including the $200 tax stamp.

 

[tacweapon]

Which form needs to be filled out since it is between individuals and not between an individual and a FFL holder ?

 

[General Geoff]

Doesn't matter. You may in fact need to transfer through a class III dealer. NFA stuff is a whole different animal from normal pistols and long guns.


This is why the used silencer market isn't so big. Silencers and other NFA goodies are usually a big commitment that most folks won't part with lightly.

 

[MGshaggy]

If both individuals are residents of the same state you'll use a form 4 for a direct transfer from the seller to the buyer (buyer completes the F4). If they are residents of different states, the seller will have to first transfer it to an NFA dealer in the buyers state via a form 4, who can then transfer the can to the buyer. The big difference is the tax. In the first case, there is only one tax to be paid, in the latter case, two transfer taxes will have to be paid.

 

[kingpin008]

I was under the impression that any time an NFA item is transferred, it must go through an appropriate FFL and the $200 tax re-paid. Even if that wasn't the case, I'd personally do it that way just to be safe. Nothing like a little Federal "where'd you put that suppressor you just had" party to ruin a fella's day.

*EDIT* I see MGShaggy has answered the question.

 

[DoubleTapDrew]

Pretty much same process as buying a new one, which is why it doesn't happen that much.

 

[tacweapon]

Thanks for the help everyone

Is there any guides out there on Form 4's ?

 

[GE-Mini-Gun]

Where are you located? I'm in Winchester...could help you out if needed.

 

[Henry Bowman]

If both individuals are residents of the same state you'll use a form 4 for a direct transfer from the seller to the buyer (buyer completes the F4). If they are residents of different states, the seller will have to first transfer it to an NFA dealer in the buyers state via a form 4, who can then transfer the can to the buyer. The big difference is the tax. In the first case, there is only one tax to be paid, in the latter case, two transfer taxes will have to be paid.

Are you sure about that? The NFA dealer pays a fee as a Special Occupation Taxpayer (SOT) so that they do not have to pay the individual transfer taxes.

 

[waterhouse]

Are you sure about that? The NFA dealer pays a fee as a Special Occupation Taxpayer (SOT) so that they do not have to pay the individual transfer taxes.

The Form 3 is the transfer form used to transfer an NFA item tax-free (meaning no $200 tax to BATFE) between manufacturers and dealers or from dealer to dealer. This is how dealers transfer items to other dealers in another state. If a non-dealer is involved, the $200 tax must be paid to make the transfer to the dealer. This is why things like used suppressors have low resale values and are typically sold in state.

 

[MGshaggy]

Henry -

Unless there's been some drastic change of position at NFA recently, I'm quite sure. In fact, I've done it both ways. I've bought several MGs and suppressors in-state on a F4 direct from the other (non-SOT) owner. I've also sold MGs as a non-SOT/individual to a SOT in other states and paid the tax to get it from my possession to the SOT.

 

[Henry Bowman]

Thanks. I see the subtle distinction now.

Just another stupid part of the law.

 

[DoubleTapDrew]

Is there any guides out there on Form 4's ?

You can fill it out in a web form here and it'll put the pertinent info in the correct places. Click "form 4" on this page:
http://www.titleii.com/Forms.htm
You might need to fill out another CoC also but I'm not sure on that.

 

[tacweapon]

Where are you located? I'm in Winchester...could help you out if needed.

I am in Rockingham County. I am not the one buying this since I am not yet 21 but I am just helping a friend gather some information so he buys the suppresor and weapon legally

 

[wdlsguy]

I am not the one buying this since I am not yet 21

As far as the feds are concerned, an 18 year old can buy a suppressor from an in-state non-FFL.

 

[PTK]

And an 18 year old can make one on a Form 1...

I should know, I've had NFA items since 19.

 

[tacweapon]

Thanks for the info I did not know I could have one I had been thinking about getting a suppressor for my XCR but thought I had to be 21. I will have to show my friend the link tonight at work so that he can start filling out his paperwork

 

[GE-Mini-Gun]

If he’s purchasing through a dealer then IMO the dealer should help him or even fill out the Form 4 for him, after all this is his first NFA item, however if he’s purchasing through an individual I can understand his concern. Anyway here is the layout of what you need to do on the Form 4:

 Box 2a – his (buddy) name and address
 Box 2b – county he lives in
 Box 3a – whom he is getting the suppressor from
 Box 3b – box 3a’s phone number
 Box 4a – name and address of suppressor manufacture:
***EXAMPLE***
TACTICAL INNOVATIONS INC.
345 Sunrise Road
Bonners Ferry, ID 83805
 Box 4b – in the empty box SUPPRESSOR
 Box 4c – caliber of suppressor
 Box 4d – model name or number
***EXAMPLE***
Quest
 Box 4e – N/A
 Box 4f – N/A
 Box 4g – serial number of the suppressor
 Box 4h – N/A (UNLESS THERE IS SOMETHING ON THE SUPPRESSOR)
 Box 5 , 6a, 5b, 7, 8a and 8b would be empty unless one of them has and FFL
 Box 9 – circle Do
 Box 10 – whom ever he’s is purchasing from signs here
 Box 11 – print his name
 Box 12 – date
 Box 13 – entire section should be no if any are yes forget what you have done up to now as you are breaking the law trying to purchase
 Box 15 – he fills out this part (your buddy)
 For the reason 90% of people use the following
For all lawful purposes
 Only thing left to do is sign and dates
 Gets finger printed (2 copies)
 Attaches photo’s
 Takes it to the local chief law enforcement officer to sign

After that’s done write a check or money order for $200 to the BATFE send it to the address in the upper right hand corner of the front (Atlanta) and wait. Once the transfer is approved the dealer or the guy he is purchasing from will contact him to come get it. It would also be worth his time to see if the chief LEO will sign some won’t, if he won’t them go the Trust route and forget everything above as things change. As a note, if you download the form you need to ensure that it is printed on one sheet of paper and not 2. If you send it in on 2 sheets it will be kicked back and you have to start all over again, you can get Form 4’s from the ATF for nothing. Good luck it really isn’t that hard to do.