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Posted: 11/1/2015 3:21:53 PM EST
as I understand it, an 07FFL/02SOT can occasionally (might be 2 a year or 2 for the SOT's lifetime, not sure) receive a DD without being an 09FFL or 10FFL.

not sure if the transfer to the 07 from a DD dealer would be done with a Form 3 or Form 4.


I've heard that it's the same supposedly goes for "normal" NFA items to an FFL without an SOT at all. that as long as they pay the $200 ($5 AOW) tax, that they can receive NFA items without being an SOT.
Link Posted: 11/1/2015 3:28:18 PM EST
Yes, any standard FFL can accept NFA, SOT or not. Just a matter if they have to pay $200 or not.
Link Posted: 11/1/2015 3:42:03 PM EST
[Last Edit: 11/1/2015 3:44:23 PM EST by Jack_Of_Some_Trades]
thats what I thought. it appears the transfer to the 07 was denied because it was on a Form 3. I had told them that I thought it needed to be on a tax-paid Form 4, but the seller was supposed to be knowledgeable to selling to non DD-FFLs.

is there a limit for NFA items to those without the SOT or correct FFL-type?

I know for normal NFA items, if you received 3 items on $200 Form 4's it would be cheaper to just get the SOT. but unless you were doing a ton of DD's, who would ever want to pay an extra $900+ a year to get an 09 or 10 just to save $200 on each imcoming transfer? (plus the time savings on incoming Form 3 vs. Form 4).
Link Posted: 11/1/2015 6:51:04 PM EST
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Originally Posted By Jack_Of_Some_Trades:
is there a limit for NFA items to those without the SOT or correct FFL-type?
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No.
Link Posted: 11/2/2015 3:38:39 PM EST
a follow up. since it would appear that the receiving dealer doesn't have the correct FFL type to receive on a Form 3, and must receive on a Form 4 instead. does that mean that CLEO-signoff would be required? (sole proprietor).
Link Posted: 11/2/2015 4:00:50 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Jack_Of_Some_Trades:

is there a limit for NFA items to those without the SOT or correct FFL-type?

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It used to be that a Non-DD dealer SOT could transfer some small number of DD's tax-free. My M203 came in to my dealer tax-free and he's an 07/02. Again, I'm not sure if this "freebie" is still policy or not - my transfer happened in 2005.

Joe
Link Posted: 11/2/2015 9:03:54 PM EST
They used to allow non DD 02/07 's to transfer 1 DD a year . I am not sure what the current policy is
Link Posted: 11/2/2015 9:04:30 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Jack_Of_Some_Trades:
a follow up. since it would appear that the receiving dealer doesn't have the correct FFL type to receive on a Form 3, and must receive on a Form 4 instead. does that mean that CLEO-signoff would be required? (sole proprietor).
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Jack_Of_Some_Trades:
a follow up. since it would appear that the receiving dealer doesn't have the correct FFL type to receive on a Form 3, and must receive on a Form 4 instead. does that mean that CLEO-signoff would be required? (sole proprietor).

Instruction 2e)
e. Law Enforcement Certification. Item 17 must be completed for an individual transferee, unless the transferee is licensed as a manufacturer, importer, or dealer under the GCA and is a special (occupational) taxpayer under the NFA at the time of the submission of the application for transfer. The chief law enforcement officer is considered to be the Chief of Police for the transferee's city or town of residence; the Sheriff for the transferee's county of residence; the Head of the State Police for the transferee's State of residence; a State or local district attorney or prosecutor having jurisdiction inthe transferee's area of residence; or another person whose certification is acceptable to the Director, Bureau of Alcohol, Tobacco, Firearms and Explosives. If someone has specific delegated authority to sign on behalf of the Chief of Police, Sheriff, etc., this fact must be noted by printing the Chief's, Sheriff's, or other authorized official's name and title, followed by the word "by" and the full signature and title of the delegated person. The certificate must be dated no more than one year prior to the date of receipt of the application.


Doesn't say the receiving FFL/SOT has to be of the type to use F3, just an FFL with SOT, and that only if the receiving FFL is a sole prop (individual) and not a corp/llc of some kind.
Link Posted: 11/2/2015 10:23:51 PM EST
ATF let me do it in 2011. I was working at a 07/02 shop (LLC) and the M203 came in on a F3 tax-exempt, then F4 to me personally. They told me at the time that it would work the same way if any customer wanted a DD through the shop, but only one per calendar year.
Link Posted: 11/3/2015 7:59:19 PM EST
Received a DD earlier this year for a customer on a Form 3 (Street sweeper). I do have an SOT, just not one of the DD flavored ones. Subsequent Form 4 was filed for the customer, we are just waiting for it to come back.

So it is possible, and recently too.
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