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Posted: 12/27/2015 6:05:44 AM EDT
I am an 01 FFL, Sole Proprietor, no SOT.  I want to turn my AR pistol into an SBR for my personal use.  The Form 1 has a place to list an FFL.  Anyone know if I need to enter my FFL number there or is that for 07s/SOTs?
Link Posted: 12/27/2015 10:31:03 AM EDT
[#1]
A Type 07/02 wouldn't use a Form 1, they'd use a Form 2 to register a newly manufactured Title II firearm. That spot is, indeed, where you put your FFL number.
Link Posted: 12/27/2015 12:05:54 PM EDT
[#2]
Quoted:
I am an 01 FFL, Sole Proprietor, no SOT.  I want to turn my AR pistol into an SBR for my personal use.  The Form 1 has a place to list an FFL.  Anyone know if I need to enter my FFL number there or is that for 07s/SOTs?
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Yes, Also everything you need to know to fill it out the rest is written in the instructions.
Link Posted: 4/22/2016 9:49:07 AM EDT
[#3]
There is a small advantage to being a FFL and building/buying NFA items.  If you list your FFL# you can skip the fingerprint card and photo.  You can also receive NFA items across state lines without transferring to a SOT.
Link Posted: 4/22/2016 11:51:27 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
There is a small advantage to being a FFL and building/buying NFA items.  If you list your FFL# you can skip the fingerprint card and photo.  You can also receive NFA items across state lines without transferring to a SOT.
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Yes, don't have to go through an SOT, but still pay the $200 per Item tax.
Link Posted: 4/22/2016 5:19:47 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Yes, don't have to go through an SOT, but still pay the $200 per Item tax.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
There is a small advantage to being a FFL and building/buying NFA items.  If you list your FFL# you can skip the fingerprint card and photo.  You can also receive NFA items across state lines without transferring to a SOT.


Yes, don't have to go through an SOT, but still pay the $200 per Item tax.


Yes, I forgot that part.
Link Posted: 4/22/2016 11:31:45 PM EDT
[#6]
i had not caught that exception in the instructions.  Currently, I still have to submit to the sheriff.  Thinking about waiting till new regs come into  effect for "notification".
Link Posted: 4/23/2016 3:38:00 PM EDT
[#7]
Can I get a reference to the regulation that allows this privilege for an 01 FFL?



Apparently I needlessly paid for the services of an SOT for a couple suppressor a I purchased for my LLC which holds my type 01 FFL.
Link Posted: 4/23/2016 3:56:23 PM EDT
[#8]
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Quoted:
Can I get a reference to the regulation that allows this privilege for an 01 FFL?
It's not a "privilege", it's a tax.
An SOT (Special Occupational Tax) is a yearly tax that allows a dealer or manufacturer to transfer NFA firearms tax free on a Form 3 to other dealer/manufacturer with SOT's.
If the dealer/manufacturer doesn't pay the yearly SOT then he pays $200 per NFA firearm for transfers on a Form 4.

Apparently I needlessly paid for the services of an SOT for a couple suppressor a I purchased for my LLC which holds my type 01 FFL.
Well, if you didn't pay SOT on your own FFL, then they couldn't have been transferred to your business on a tax free Form 3.
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Link Posted: 4/23/2016 6:11:54 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Can I get a reference to the regulation that allows this privilege for an 01 FFL?

Apparently I needlessly paid for the services of an SOT for a couple suppressor a I purchased for my LLC which holds my type 01 FFL.
View Quote


Yes you did. The only reason an SOT is needed across state lines is because a person without an FFL is unable to receive a firearm from a resident of a different state. If you hold a type 01 FFL you are able to receive firearms from anyone in any state. But if that item happens to be an NFA item then you are still liable for the $200 per item transfer tax . But instead of doing a form 3 tax free transfer the transferor simply sends it to your FFL on a tax paid form 4. Bypassing the need for an SOT to you.
Link Posted: 4/23/2016 11:18:24 PM EDT
[#10]
I'm still confused.



I formed an LLC and obtained an FFL with it.



I'm in business as such for 8 years.



This past year I opted buy a couple suppressors to be owned by the LLC, not for resale. Kinda like the folks who form a trust for NFA items, but I already have a legal entity set up.



I used a local FFL/SOT to receive 2 suppressors I bought from Arms Unlimited (when they were in California, but I see now they moved to Nevada). They form 3 transferred them to a local FFL/SOT, and then we did form 4 to transfer them to my LLC.



I'm coming to understand that I wasted a lot of time and money. Is this true that I could have had Arms Unlimted from out-of-state transfer these sprressors direct to my LLC with a type01 FFL in Ohio as long as I paid the transfer tax? <Mind blown>



If so, I'll do some more.
Link Posted: 4/24/2016 1:09:14 AM EDT
[#11]
Yes they can transfer directly to your LLC via a Form 4 since it holds an FFL.
Link Posted: 4/25/2016 9:09:30 PM EDT
[#12]
Read the instructions, its in there.  I now send a letter with each Form describing the exemption because they really have no idea at the NFA branch of what they are doing.

Photographs and Fingerprints. An individual transferee, except if licensed as a manufacturer, importer, or dealer under the GCA, must (1) attach to Item 16 of the ATF Form 4, a 2 inch x 2 inch photograph of the frontal view of the transferee taken within 1 year prior to the date of the application and (2) attach two properly completed FBI Forms FD-258 (Fingerprint Card with blue lines) to the application. The fingerprints must be clear for accurate classification and taken by someone properly equipped to take them.

To make it easy to believe you need a FFL and a SOT to do interstate transfers, or have a FFL and a form 4.  Either way you meet the requirements.
Link Posted: 4/26/2016 3:19:28 AM EDT
[#13]
So...if I had my own FFL through my Llc, I could jump on the Capital Armory website and have them form 4 a can directly to me?!?!
Link Posted: 4/26/2016 8:11:21 AM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So...if I had my own FFL through my Llc, I could jump on the Capital Armory website and have them form 4 a can directly to me?!?!
View Quote


For the third time, YES!
Link Posted: 4/26/2016 6:55:28 PM EDT
[#15]
Does it matter whether you are an Sole Proprietor or do you have to be an LLC in order to buy a silencer with your FFL.
Link Posted: 4/27/2016 12:38:35 AM EDT
[#16]
No, the FFL is the instrument and a paid tax, either a stamp or SOT.
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