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Posted: 11/5/2020 11:15:00 AM EDT
On a Form 4 section 2a, for the transferee info, which box do I check for an FFL SOT Sole Proprietor as the transferee? Is it individual? I know a sole prop is not a corporation or a trust, but does the ATF consider it as an 'other legal entity'? What have others used successfully?

Thanks
Link Posted: 11/5/2020 12:42:02 PM EDT
[#1]
Quoted:
On a Form 4 section 2a, for the transferee info, which box do I check for an FFL SOT Sole Proprietor as the transferee? Is it individual? I know a sole prop is not a corporation or a trust, but does the ATF consider it as an 'other legal entity'? What have others used successfully?

Thanks
View Quote

Individual because a sole proprietor is not a corporation, trust, etc.
If the transferee is an FFL/SOT of any type and the transferor is an FFL/SOT you should be using a Form 3.
If the transferee is an FFL/SOT of any type and the transferor is a nonlicensee or an FFL without SOT its a Form 4.
Link Posted: 11/5/2020 10:10:40 PM EDT
[#2]
OK, thank you.
Link Posted: 12/10/2020 6:18:45 PM EDT
[#3]
So I submitted a Form 4 to transfer from a non-licensee to an FFL/SOT sole proprietor.
In section 2a (Transferee info) I checked the block for Individual.
ATF sent it back for correction, saying it was inaccurate info. Via phone they said since it was a business, the 'Individual' block was inaccurate.
I returned the Form 4 with the 'Trust or Legal Entity' block checked and it was approved.
Link Posted: 12/14/2020 11:37:31 AM EDT
[#4]
Link Posted: 12/14/2020 12:34:36 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I don't think I've ever seen a form 4 with those blocks checked.
View Quote

<---Sole Proprietor
I've only had 2-3 guns Form 4'd to me and all had "Individual" checked.

I've had several hundred Form 3's to me with "Corporation" checked and ATF still approved them.
Link Posted: 12/15/2020 12:59:57 PM EDT
[#6]
Link Posted: 12/15/2020 1:06:42 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Right? I've had thousands of form 3 and none of them have those boxes checked.
View Quote

Well, some of mine aren't checked because YOU didn't check anything.
Link Posted: 12/15/2020 5:21:43 PM EDT
[#8]
The form three has a third block for Sole Proprietor. The form 4 does not offer that option.

Last year I had a form 4, individual to SOT, with neither block checked and it was approved.

This year I sent one in the same way, neither block checked,  and it was returned indicating one of those blocks needed to be checked. That is why I created the original post in this thread.

I returned the form 4 checked individual and they sent it back again. I then changed it to the other block and it was approved.

Those blocks were not present on the form 4 prior to 2016,  when ATF started to focus on Trusts, etc. So I think the real intent was to help differentiate Transfers going to non-licensees. But with a Form 4 going to an SOT apparently some examiners don’t care about those blocks. Now we know that at least one does care.

I am posting this more lengthy explanation in the hopes that it might help others avoid the same delays.
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