Quoted:
Class 3 SOT, if I give it up later, I have to transfer NFA items to myself using other FFL, but what about post 1986 machine guns if I'm no longer SOT?
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Wut
You don't have to transfer anything later, except post-86 MGs (and they just need be gotten rid of. Can DEMIL instead.)
SOT is an add-on tax, paid annually. The FFL can continue to exist as a regular FFL (of whatever type it already was), and may keep any NFA (except post-86 MG) even without paying SOT in June. You pay FFL renewal if you want to remain a FFL, and pay SOT every June if you want to remain a SOT.
If you decide not to renew the SOT, buyers of your post-86 MGs who happen to be Class I or II SOTs get the privilege of not needing a LE demo letter to affect transfer of the MG to them. This increases their value a bit at that time. They must be gone by June if you haven't paid SOT.
If you give up the entire FFL, whatever entity held the FFL will still hold/own all the firearms. This cannot include post-86 MGs however.
You can certainly transfer everything else before/after relinquishing the FFL/SOT, but it isn't required.
It is required that a LLC or corporation continue to exist (including any state-mandated fees and annual report filings) if you expect it to continue to own property.
If the FFL is in your name as an individual (sole proprietor) then you personally own all the property.
Moving to another state, requires new registration at new place?
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No. You'd apply for a new FFL.
Is that possible to apply as private individual for personal purposes or sole proprietor is a must?
My area is not crime free and I have 3 kids, so I'd better not to have anyone come to my house. Best I can do if friends and colleagues transfers, but basically for myself since I buy average 10 guns + 2 suppressors per year. Cost saving by avoiding retail stores.
If sole proprietor, do they require any minimal sales per year, thus liability insurance for conducting business?
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The ATF doesn't care about liability insurance. That's up to you if you want that. Bear in mind that sole P's have
unlimited personal liability.
The ATF
does care if you try to use a FFL or SOT for personal acquisition of firearms. They
do not allow that. You
must be doing it as a legitimate business. They do not put any numbers on that, but they aren't stupid either.
If doing legitimate business, you can certainly get a few things for yourself.
Sole proprietorship = you as an individual. You are the business. The FFL would be in your name personally (but you could have a trade name also, if you want).
Having concealed carry permit simplifies process or this is unrelated?
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Unrelated.
Inspections, can they show up without notice or they schedule day/time?
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Both. Typically they will schedule.
They can only show up and inspect your place of business during your listed business hours (without a warrant).
They'll still need a warrant, like other LE, to search your residence without your permission. (Not that warrants are difficult to obtain, but they'll need Probable Cause.)
Any help is appreciated, I'm new to this.
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You're welcome.
Good luck!
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