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Posted: 5/11/2020 7:10:00 PM EDT
Friends and I have been buying a few guns here and there, and more importantly the local guy I use for transfers is getting ready to quit. Thinking of getting an FFL. Not looking to be a big box dealer, just do the occasional transfer (So not having a store front)

A few questions:

- As a dealer can you buy NFA items for personal use and "bypass" the form 4 process?
--- If yes, what happens when your dealers license expires?

For example, lets say you are a dealer and you personally buy a suppressor from SilencerCo. Does it immediately ship directly to you? Can you immediately use it/ If you let your license expire, do you need to transfer the suppressor from you as an FFL to you as an individual?

Obviously as a dealer if you buy a post ban MG that would need to be sold before your license expires, but curious how it works for stuff which is legal to own as an individual

- Does an FFL supersede local and state laws? Assuming it does, so if Wa passed a mag ban/"assault rifle" ban you would be exempt?

- For any transfers, how long do you need to keep the records? I throw away tax records after 3 years, how long to gun transfers need to be kept?
- I'm assuming its just the standard FFL to keep MGs? ($200 for 3 years)
Link Posted: 5/11/2020 7:44:23 PM EDT
[#1]
Quoted:
Friends and I have been buying a few guns here and there, and more importantly the local guy I use for transfers is getting ready to quit. Thinking of getting an FFL. Not looking to be a big box dealer, just do the occasional transfer (So not having a store front)

A few questions:

- As a dealer can you buy NFA items for personal use and "bypass" the form 4 process?
--- If yes, what happens when your dealers license expires?

For example, lets say you are a dealer and you personally buy a suppressor from SilencerCo. Does it immediately ship directly to you? Can you immediately use it/ If you let your license expire, do you need to transfer the suppressor from you as an FFL to you as an individual?

Obviously as a dealer if you buy a post ban MG that would need to be sold before your license expires, but curious how it works for stuff which is legal to own as an individual

- Does an FFL supersede local and state laws? Assuming it does, so if Wa passed a mag ban/"assault rifle" ban you would be exempt?

- For any transfers, how long do you need to keep the records? I throw away tax records after 3 years, how long to gun transfers need to be kept?
- I'm assuming its just the standard FFL to keep MGs? ($200 for 3 years)
View Quote


Your not bypassing the Form 4 process.  Your putting the NFA item on your book for your business.
If your a Sole Proprietorship, I believe you can give up your license and keep the item for use. I'm talking about suppressors and such.
I have no idea if this would work for MG's (premay or post may) if you give up your license. Since WA state is not MG friendly I'm not sure what the outcome would be if you kept your FFL but gave up your SOT vs giving up your business. ATF has mentioned to contacting the Attorney General Office about the scenario of giving up SOT but keeping your FFL, but I haven't heard a response from them about it. I happen to ask a month ago..

BTW your comment about post ban MG.. they are not easy to get since you have to get a Chief of Police to give you a "love letter" which states that they want to demo a specific type of firearm through you.  It's hard to get those letters. If your a FFL 07/SOT 02 you can build your own, but there's a debate if you have to pay ITAR if you don't export.. which cost $$$. Also as a FFL 07 your likely to get audited more often than a FFL 01.  I've talked to FFL 07 and some have been audited every year. Note that audits can take a day or more depending on the throughput of your business, and # of errors they find. So if your a normal working guy with a 9-5 job, expect to take that day off to accommodate the ATF inspector.

Questions about how long to keep forms you cna find on the ATF website.  ie:https://www.atf.gov/firearms/qa/how-long-are-licensees-required-maintain-atf-forms-4473

On top of FFL cost, you'll need to spend $500 each year for your SOT (if you do business under $500k). You need your SOT to receive or send NFA items.

Also your taxes.. They go back 3 years on a audit, but they might go back up to the last 6 years if they find a substation error.

Really if you have questions you can contact the ATF.  They are really good at answering questions.
Regular FFL questions ask: [email protected]
NFA questions ask: [email protected]

Please don't ask them questions like "Is it legal to shoulder a pistol with a pistol brace?".  We don't want to have Gemtech Tax occurring again or re-designation of items we currently hold as legal to do..

Link Posted: 5/11/2020 8:38:08 PM EDT
[#2]
Quoted:
- For any transfers, how long do you need to keep the records? I throw away tax records after 3 years, how long to gun transfers need to be kept?
View Quote


4473, Bound Book, 3310.4 retention policy (hard copies only) - 20 YEARS
State Pistol and SAR Forms - 6 YEARS.

If you close up before the 20 years expire on any bound book, 4473 or 3310.4, you are required to send them to the ATF's Out-of-Business Records Center.
Link Posted: 5/12/2020 9:41:30 AM EDT
[#3]
Kind of thinking of getting an FFL myself, after the next move.

What have you been doing for the new SAR rules, do you run a background check, 4473 on your self, or just keep it on the FFL's books like it never sold?
Link Posted: 5/12/2020 6:49:10 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Pothole:
Kind of thinking of getting an FFL myself, after the next move. 

What have you been doing for the new SAR rules, do you run a background check, 4473 on your self, or just keep it on the FFL's books like it never sold?
View Quote


Not quite sure what you are asking about SAR.  If you are putting under your name (disposition it from business books to your personal arsenal), then you have to do all the same things you do for customers.  4473 on yourself, send the forms into the LEO to get the approval, pay the $18 SAR fee and mail it to DOL.  Or keep it on your books and use it as a demo rifle.

Note if you plan to be a kitchen dealer, then you need to make sure you separate your business firearms from personal, or have all personal firearms marked with a tag.
Link Posted: 5/12/2020 7:01:36 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Ryo:


Not quite sure what you are asking about SAR.  If you are putting under your name (disposition it from business books to your personal arsenal), then you have to do all the same things you do for customers.  4473 on yourself, send the forms into the LEO to get the approval, pay the $18 SAR fee and mail it to DOL.  Or keep it on your books and use it as a demo rifle.

Note if you plan to be a kitchen dealer, then you need to make sure you separate your business firearms from personal, or have all personal firearms marked with a tag.
View Quote


Semi auto rifles, but you answered my question, thanks!
I guess the 10 day wait isn't as bad when you can still hold it.
Link Posted: 5/12/2020 7:10:35 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Pothole:


Semi auto rifles, but you answered my question, thanks!
I guess the 10 day wait isn't as bad when you can still hold it. 
View Quote


No I understood the SAR = Semi Auto Rifle.  That's how it's printed on the forms.  I was just unclear what direction you were asking about SAR.. so I gave examples.
Link Posted: 5/13/2020 1:19:04 AM EDT
[#7]
Appreciate all the insight guys, thanks!
Link Posted: 5/13/2020 1:26:43 AM EDT
[#8]
You can buy pre may and post samples, you can’t keep any here is Washington once you surrender your license. In theory you could buy a legal machining if you had the $$$ but I don’t know if the transfer would be approved being that Washington doesn’t allow individuals to own automatic weapons. You can also convert your own as a 07/02. There are also new full autos in the “no law letter” category
.
Link Posted: 5/13/2020 6:30:59 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By mstennes:
You can buy pre may and post samples, you can’t keep any here is Washington once you surrender your license. In theory you could buy a legal machining if you had the $$$ but I don’t know if the transfer would be approved being that Washington doesn’t allow individuals to own automatic weapons. You can also convert your own as a 07/02. There are also new full autos in the “no law letter” category
.
View Quote


There are so many postie no law letters out there.. looking at the prices, I totally wish I was a 07.. though I wouldn't be happy to have an inspection every year.
Link Posted: 5/14/2020 1:01:03 AM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Ryo:
 ATF has mentioned to contacting the Attorney General Office about the scenario of giving up SOT but keeping your FFL, but I haven't heard a response from them about it. I happen to ask a month ago..

View Quote


AGO policy is not to answer questions from plebs like us.
Link Posted: 5/15/2020 9:53:17 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Ryo:


There are so many postie no law letters out there.. looking at the prices, I totally wish I was a 07.. though I wouldn't be happy to have an inspection every year.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Ryo:
Originally Posted By mstennes:
You can buy pre may and post samples, you can’t keep any here is Washington once you surrender your license. In theory you could buy a legal machining if you had the $$$ but I don’t know if the transfer would be approved being that Washington doesn’t allow individuals to own automatic weapons. You can also convert your own as a 07/02. There are also new full autos in the “no law letter” category
.


There are so many postie no law letters out there.. looking at the prices, I totally wish I was a 07.. though I wouldn't be happy to have an inspection every year.

I have yet to be inspected, but then again I’m very, very small time.
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