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Posted: 2/4/2021 6:53:00 PM EDT
Hi, I am a new FFL/SOT 07/02 Classes. I am selling quite a bit but I have a question thought maybe somebody on here would have actual experience with this topic.  Being a Sole proprietor FFL/SOT my understanding and by the forms the NFA items are actually in my names. So here is my question am I able to transfer or have NFA items in my personal collection for my personal use without any legal issues. I know for normal FFL items I can transfer over for personal use but wasn't sure about NFA items like a SBR or supressor...

The way the law is written if I close my business the items even demo are mine according to 14.1 of the handbook

14.2.1 Sole proprietors. FFLs licensed as sole proprietors, who have been qualified to deal in NFA
firearms and who go out of the NFA business, may lawfully retain their inventory of these firearms,
including imported NFA “sales samples”, in their individual capacity. No NFA transfer occurs that
would require an ATF-approved transfer because the firearms are still possessed by the same person to
whom they were previously transferred and registered. However, any firearm registered to the
individual as a “sales sample” would continue to bear the “sales sample” restriction on any subsequent
transfer, unless the firearm is being transferred to a government agency.

So if I go out of business I retain them so I would assume I could use them personally too.. I do understand and am selling a lot of items and product but a person would like to use them personally and why pay a tax stamp and wait if legally not neccissary. Anybody that's actually went through it or know any feedback would be greatly appreciated!
Link Posted: 2/4/2021 8:16:50 PM EDT
[#1]
Gave up my SOT back in the late '90s. It was my understanding that one could retain transferable MGs and pre '86 samples but not post samples. Things may have changed since then, got rid of all my DS, sadly (especially my favorites, the M60, Beretta 93R and M16--had a very cool Chief of Police that would give me a letter for most anything). I didn't sell much, mostly did transfers and stamped SBSs and SBRs, oh, RDIASs and Lightning Links were pretty hot back then. I DO miss those days.
Link Posted: 2/4/2021 9:39:28 PM EDT
[#2]
Quoted:
Hi, I am a new FFL/SOT 07/02 Classes. I am selling quite a bit but I have a question thought maybe somebody on here would have actual experience with this topic.  Being a Sole proprietor FFL/SOT my understanding and by the forms the NFA items are actually in my names. So here is my question am I able to transfer or have NFA items in my personal collection for my personal use without any legal issues. I know for normal FFL items I can transfer over for personal use but wasn't sure about NFA items like a SBR or supressor...

The way the law is written if I close my business the items even demo are mine according to 14.1 of the handbook

14.2.1 Sole proprietors. FFLs licensed as sole proprietors, who have been qualified to deal in NFA
firearms and who go out of the NFA business, may lawfully retain their inventory of these firearms,
including imported NFA “sales samples”, in their individual capacity. No NFA transfer occurs that
would require an ATF-approved transfer because the firearms are still possessed by the same person to
whom they were previously transferred and registered. However, any firearm registered to the
individual as a “sales sample” would continue to bear the “sales sample” restriction on any subsequent
transfer, unless the firearm is being transferred to a government agency.

So if I go out of business I retain them so I would assume I could use them personally too.. I do understand and am selling a lot of items and product but a person would like to use them personally and why pay a tax stamp and wait if legally not neccissary. Anybody that's actually went through it or know any feedback would be greatly appreciated!
View Quote


SP giving up FFL/SOT can keep everything but a Post-Sample Machine Gun. You do not have to xfer them on a new form, as you say they are already in your name.
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