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AR15.COM
7/21/2009 9:05:55 PM EDT
So I think I'm ready to step and and make my first NFA purchase. I have a very reputable Class 3 dealer here in town. I have talked to them and they explained the whole buy, apply, wait, get procedure to me. I am torn between a can or a SBR. I have some noob questions on the whole NFA process.

Questions are:
If I buy a NFA item online or on the EE I would assume I have it shipped directly to my FFL who is also my Class 3.



How does it work if I bought a item from a private sale here in Florida. Do I need the stamp before I take possession?



When buying a previously registered item, do you transfer the tax stamp or do you buy a new tax stamp for the item?



7/21/2009 9:09:37 PM EDT
[#1]
if you are in the same state, y'all both fill out the paper work. He can hold onto it until the stamp comes back, then you can pick it up from him, he can also mail it to you.(one stamp) total 200

If out of state the seller will have to do a form 3(one stamp) then have his SOT ship it to your SOT then do the transfer(2nd stamp) so 400+what ever the sot will charge
7/21/2009 9:22:02 PM EDT
[#2]
Quoted:
Do I need the stamp before I take possession?


Can? For sure...

SBR Upper? Depends on who you ask. Alot of folks around here order uppers and wait for stamps. Wrong answer.

If you have a lower (not registered as an SBR), and are in possesion of an SBR upper w/o a stamp for your lower,  there is "constructive intent". The have the ability to "manufacture" an SBR, and with out your approved stamp the ATF can rape you. They've done it before, and damn sure will do it again.

In the case of the SBR upper, you apply, wait, and buy/get AFTER you stamp comes. Cans are usually held at the dealers shop, and they call you when all the p[aper work is kosher...then you pay the $$$.

7/21/2009 9:24:18 PM EDT
[#3]
Quoted:
Quoted:
Do I need the stamp before I take possession?


Can? For sure...

SBR Upper? Depends on who you ask. Alot of folks around here order uppers and wait for stamps. Wrong answer.

If you have a lower (not registered as an SBR), and are in possesion of a lower w/o a stamp there is "constructive intent". The have the ability to "manufacture" an SBR, and with out your approved stamp the ATF can rape you. They've done it before, and damn sure will do it again.

In the case of the SBR upper, you apply, wait, and buy/get AFTER you stamp comes. Cans are usually held at the dealers shop, and they call you when all the p[aper work is kosher...then you pay the $$$.



What if you have an AR pistol lower? And ONE upper less than 16" Could that possibly be constructive intent?
7/21/2009 9:27:13 PM EDT
[#4]
Quoted:

What if you have an AR pistol lower? And ONE upper less than 16" Could that possibly be constructive intent?



Lots of grey...

Theorectcally, the short upper could be put on the "pistol" lower w/o a stamp, but come on...how long does it take to slide a stock onto a buffer tube? There's your 'intent'...At least some one could see it that way.



7/21/2009 9:28:12 PM EDT
[#5]



Quoted:



Quoted:


Quoted:

Do I need the stamp before I take possession?





Can? For sure...



SBR Upper? Depends on who you ask. Alot of folks around here order uppers and wait for stamps. Wrong answer.




If you have a lower (not registered as an SBR), and are in possesion of a lower w/o a stamp there is "constructive intent". The have the ability to "manufacture" an SBR, and with out your approved stamp the ATF can rape you. They've done it before, and damn sure will do it again.



In the case of the SBR upper, you apply, wait, and buy/get AFTER you stamp comes. Cans are usually held at the dealers shop, and they call you when all the p[aper work is kosher...then you pay the $$$.








What if you have an AR pistol lower? And ONE upper less than 16" Could that possibly be constructive intent?

You're fine, as long as you don't have any rifle lowers anywhere.