Transfer of supressors

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Carl696

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I got a call today from an older friend of mine. He asked me if I was willing to take his integral suppressed Ruger 10/22 and Walther 22 pistol with supressor.
All he wants is for me to pay for the tax stamps. He tried to sell them thru a class three dealer but they were not interested.
He is in PA and I live in WV.
What are the steps do I need to take, find a dealer then file a form 1 or 4? Or file for the stamp first?
Thank for any info
 
I believe you would fill out a form 4 and your friend would be listed as the seller. I don't think you need to go through a dealer. Once the form 4 has been approved, having them physically transferred to you is something to look into. Maybe after the tax stamp has been approved it is as simple as overnighting via. UPS/FedEx..
 
Oh, if it were so. You cannot do a direct transfer interstate. You need to go through a dealer. The silencers transfer to his dealer in his state on a form 4. The dealer then transfers to a dealer in your state on a form 3 and then your dealer in your state transfers the gun to you on a form 4. 2 stamps plus dealers fees per silencer. Looking at $500 or so per unit IF you have friendly dealers. Yes, Ouch. Oh, and if you are lucky you'll get them in a year or so.
 
Thanks for correcting me Yugorpk, but $500 each? $200 tax stamp, $35 transfer x2 and shipping costs. Unless your only option is one of those dealers that screws people and charges like $100.
 
Ryanxia,

You're missing a stamp in your calculations.

It's one $200 F4 to the PA dealer, one free F3 PA dealer to WV dealer, and then one $200 F4 to the buyer. Plus fees and shipping.

Aaron
 
Ryanxia said:
Thanks for correcting me Yugorpk, but $500 each? $200 tax stamp, $35 transfer x2 and shipping costs. Unless your only option is one of those dealers that screws people and charges like $100.
Click to expand...


The originating dealer is going to charge a fee and shipping. Both dealers and you are looking about $100 per unit total unless you can talk each dealer into discounting his fees on two items. Each item takes two tax stamps so... $500 a pop.
 
An individual seller can transfer NFA items directly to an FFL dealer in the buyer's state. It does not have to first go to an FFL in the seller's state. That does not save any $200 stamps, but it does save the time of the form 3 transfer. (Unless the laws of PA or WV say otherwise.)
ETA: and one dealer's transfer fees.
 
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This is why I consider all my silencers to be mine until I die. There is no resale value in used cans because of the stack-up of stamps & fees. Particularly for out of state transfers.

Buy or build the ones you want & need. You'll have them for a long time.
 
I don't think so, its' not about dying, there is more to the story that he is not telling me.
We have been friends for close to 40 years. I have a feeling he is having problems with his kids.
 
Why two stamps per can? If transferred through an SOT dealer in one state to an SOT dealer in the receiving state, wouldn't the only stamp requirement be for the actual purchaser?
 
It doesn't need to go through a SOT in the sellers state, only the buyer's state. Regardless, form 3 is only SOT to SOT, individuals use form 4 either way.
 
It has to transfer to the SOT in the buyers state on a form 4 $200 tax. Then from the SOT to the buyer on a form 4 $200 tax. State to state is the problem here. If it were in state it would be an issue.

Now the seller "could" take up residence in the buyers state ( maybe even in the same house as the buyer ), transfer the adress of the silencers on a 5320.20 and then transfer the silencers on a form 4 directly. Or the buyer could establish a trust in the sellers state with both men as trustees. Then one trustee drops off and the other transfers to the new state on a 5320.20.

There are ways it can be done with one stamp per . The trust one is more kosher.
 
yugorpk said:
Oh, if it were so. You cannot do a direct transfer interstate. You need to go through a dealer. The silencers transfer to his dealer in his state on a form 4. The dealer then transfers to a dealer in your state on a form 3 and then your dealer in your state transfers the gun to you on a form 4. 2 stamps plus dealers fees per silencer. Looking at $500 or so per unit IF you have friendly dealers. Yes, Ouch. Oh, and if you are lucky you'll get them in a year or so.
Click to expand...
gee, it's almost as if the Feds don't want NFA items being transferred
 
Is an NFA item different than a regular firearm in terms of transferring it TO a dealer? I can sell my shotgun to a FFL holder in any of the 49 other states legally. Is there something specifically in the NFA that forbids the same?
 
Elkins45 said:
Is an NFA item different than a regular firearm in terms of transferring it TO a dealer? I can sell my shotgun to a FFL holder in any of the 49 other states legally. Is there something specifically in the NFA that forbids the same?
Click to expand...

If I understand your question correctly, the only differences are the tax (as Yugo says below) and the receiving FFL must be a SOT. I've seen online (SS blog) where it is stated the recieving FFL doesn't have to be a SOT, but the NFA handbook says "ATF will not approve the transfer of an NFA firearm to a non-FFL/SOT residing in a State other than the State in which the transferor’s licensed business is located or the transferor resides."
https://www.atf.gov/file/58231/download
https://www.atf.gov/firearms/national-firearms-act-handbook
 
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Elkins45 said:
Is an NFA item different than a regular firearm in terms of transferring it TO a dealer? I can sell my shotgun to a FFL holder in any of the 49 other states legally. Is there something specifically in the NFA that forbids the same?
Click to expand...

Yes. The NFA is a whole different world. You can transfer a NFA item to a dealer in another state but they have to pay ( technically the seller has to pay ) a $200 tax on a form 4 ( AOW's $5 ).
 
So you have to pay a tax to get rid of a suppressor? I didn't ever plan on selling mine, but it looks like a pain if I did.
 
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