I sold my neighbor my old Sako 338 LM a couple years ago, and I also had a AAC suppressor for it, in Sakos thread pattern so it didn't do me any good, he decided to buy the can last year prior to 41P becoming law, that said I just received his approval from the BATFE for the transfer. Now the question is do I have to go to a FFL who's licensed to do NFA toys? My concern is with the 594 BS. My last suppressor I did they made the NICS check, which was never done before 594 was law. That said right now I'm technically in violation of the law anyhow because in the eyes of the BATFE it's now his and not mine. So do we do the NICS check or do I just give it to him?
Thanks

Isn't 594 just for firearms?
I wouldn't think it pertains to suppressors at all.

I would say just give it to him as it is not technically a firearm.

If you really want to go through a shop, it will just be a regular transfer. The shop can book it into their bound book and label it as private party transfer without having to do any additional ATF forms.

Bad info there.. FFL can not take the suppressor and log it in their books unless it is in on repairs or form 4 transfer to them since it is on your Form 4.  Plus this approved form shows the transferor/transferee as you and your friend

Now that you/he has approval, you just hand it over to him and say thanks.  As far as BATF is concerned the transfer has already occurred and they have logged it in their records.  From my understanding, I594 only applies to firearms and not suppressors, my partner who is located in WA and I have not had to run any of our suppressors because of 594.

You have the paperwork and it is a legal transfer.

Not bad info. I called the Seattle ATF Field Office about this exact issue a couple weeks ago. As long as it is for a private party transfer, the NFA item can be booked in and out of the FFLs bound book without needing an additional transfer. The items status just needs to be notated appropriately in the bound book and on the 4473.

every can ive bought had a 4473 and a phone call done on them.  might have been the shop,  but iirc he indicated that it was considered a firearm.

idk.

So I guess the real question is, is a silencer a firearm or not? Not the federal definition but Washington States definition.

I don't remember doing any Washington State paperwork or filling out any Washington State forms when I bought my silencers.

Same here never with form 4's and form 1's

chip did a 4473.

The couple I did were on a 4473 as well, but the last one they even called and did a NICS check after I was approved and had paperwork in hand!

YOU weren't "approved", your Trust was. You and your trust are separate entities, even if it is your name in the trust. Under pre-41F rules, there was no background check on trust applications, because you can't do a BG on a trust, nor were members of the trust run through a BG either.  I've done 100's of NFA transfers, and every one has had a NICS check (zero individual applicants, all trust or corporate).

Now, if you applied as an individual, that would be different.

I'm a FFL/SOT and I always do a 4473 for Form 4 under a trust, however in this case, this Form 4 was done as individual to individual which is not the same as what I typically process.

Not about the changes to RCW 9.41.113 brought about by I594 specifically, but unless you bought the NFA item as an individual you should have had to do a 4473 and a NICS check. ALL firearms have to have a 4473 done. If an individual then the NFA box can be checked. If a trust or corporation it's treaded exactly the same as if you were the person picking up a dozen firearms for an armed security company. I asked this specific question 5 years ago at the interview when my boss was getting his FFL, and verified it with the compliance agents who were at the ATF booth at SHOT this year. And in WA it's always said that any firearms sale through a dealer has to have a NICS check. That's why we never did become a NICS exempt state even though the ATF says we meet the requirements.

Your question if a silencer meets the definition of a firearm under WA law is a good one though.

Also, since he has been approved, wouldn't that put me in violation of federal law? I mean it's no longer registered to me.

No because you are still the transferor listed on the form 4. You maintain possession until the item is transferred to the transferee.

Exactly. Within reason of course, you are legally in possession of it until the transfer can take place. By within reason I mean, you don't get to keep it for a year and take it to the range. But then there could be circumstances where even having to hold onto it for a while is allowed. A lot of stores likely have NFA items in storage because it was a servicemember who owns it and is deployed, or the buyer is on a business trip, or is just on a long vacation to Disney World.