Armory Sponsor
Posted: 11/27/2006 6:27:18 PM EDT
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Ok, I'm looking to buy a M-11/9... I need to do it as a corporate purchase because (a) my home of record is a no-sign county, and (b) I'm in Korea on deployment... Why now? Because my next assignment is a non-NFA state (I'd be leaving the gun in WI, of course), and I'm going to Iraq 3mos after I get there... Prices seem to go up about 500-1000 per year, so I might as well buy now... My questions are: 1) Do you need to involve a SOT dealer for in-state transfers (eg Gun on paper in WI, transfer to a WI corporation)? 2) Who files the NFA form - buyer, seller, or (if required) dealer? 3) For an in-state transfer, is there a difference between a Form 3 and a Form 4, and if so, what does this mean? 4) For a CORPORATE purchase, is there anything that requires your physical presence in the state (since the corp is the owner, and the corp 'resides' in WI) prior to picking up the weapon? Eg Would it be possible for me to do all the paperwork for transfer by mail (since it's a corporate purchase, and corps don't need NICS, prints, etc?), and pick up the gun when I'm home on leave? Is there anything else I should know? Thanks in advance.... |
No. An in-state transfer between two non-SOTs (individuals or corps) is legal.
Both have to sign it;; either can send it in. The approved form, however, is always sent to the seller.
No dif. A tax-free Form 3 is only used when both buyer and seller hold SOTs; if either party does not have an SOT, a $200-tax Form 4 must be used.
No need for you to be there physically, until the Form 4 is approved. However... once it is approved, you need to make yourself available and take delivery fairly promptly. The Form 4 transfers it to you, and the dealer is not supposed or allowed to keep custody. A coupla weeks is OK ... months is not.
Ask questions, you'll get answers.  Good luck! |
So, let me see if I get the process right... I agree to buy the gun... Since I am doing so as a Corp/LLP/Trust/whatever, there is no fingerprinting/LEO-sig/etc... For an out-of-state purchase, the selling dealer (out of state) transfers it to in-state dealer on a F-3... I fill out Form 4, sign it, and send it w/$200 (payable ATF or whoever) to in-state dealer or private seller for in-state sale, they sign it and send it in... I wait, and when the stamp comes (I'm assuming it takes about 2mo), I pick up the gun... |
You got it. If it's an out of state purchase, and currently owned by a non-SOT, it will require 2 transfer taxes... One to get it from the owner to your dealer via an interstate Form 4 to your in-state dealer, then the second Form 4 to your corporation. Or, the out of state seller could transfer ot to his local class 3 guy ($200 tax), then the out of state SOT transfers it tax free on a Form 3 to yout in-state SOT... then transfer to you on a Form 4 (second $200 tax). Most people would prefer the first scenario since it would take less time overall to perform 2 transfers rather than 3. |
Armory Sponsor