Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 7/20/2017 12:01:27 PM EDT
We are an FFL dealer and we would like to drop our SOT.  We have a few pre 86 post 68 machine guns (dealer sample) and we are confused as to what happens to these items after we drop the SOT.  Do these transfer to the LLC/owner or do we need to sell them to another SOT?
Link Posted: 7/20/2017 12:04:53 PM EDT
[#1]
The pre-86 machine guns can be transferred to the owner.  The post-86 machine guns MUST go to another FFL/SOT with their own LE Demo letter or a LE/Gov't agency.
Link Posted: 7/20/2017 12:19:24 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The pre-86 machine guns can be transferred to the owner.
View Quote
No, No NO!

Pre-86 "dealer sample" machineguns can only go to an active SOT. Unless the owner has his own FFL and SOT, separate from the business FFL/SOT, the owner cannot receive the samples. The business can retain them, even after giving up the SOT and/or FFL, though, as long as the business is kept alive as an entity.
Link Posted: 7/20/2017 12:21:27 PM EDT
[#3]
Quoted:
We are an FFL dealer and we would like to drop our SOT.  We have a few pre 86 post 68 machine guns (dealer sample) and we are confused as to what happens to these items after we drop the SOT.  Do these transfer to the LLC/owner or do we need to sell them to another SOT?
View Quote
The pre-86 samples do not need to be transferred, as they are already the property of the LLC. The LLC can just retain them, so long as the LLC is kept active and continues to exist.
Link Posted: 7/20/2017 1:11:45 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The post-86 machine guns MUST go to another FFL/SOT with their own LE Demo letter or a LE/Gov't agency.
View Quote

While not part of the OP's question this is also not correct.  When an FFL/SOT gives up the SOT and has to dispose of his post-86 machine guns, no LE demo letter is required to transfer the posties to a manufacturer or importer FFL/SOT.  A dealer will still need a demo letter.
Link Posted: 7/20/2017 3:29:48 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The pre-86 machine guns can be transferred to the owner.  The post-86 machine guns MUST go to another FFL/SOT with their own LE Demo letter or a LE/Gov't agency.
View Quote
WRONG on BOTH.

Thew pre-86 can stay with the FFL since it still in business.

The post-86 can go to a MFG ort importer with no letter, or to another dealer with a letter. Or to MIL/LE, or be demilled for parts, or given to local BATFE office.
Link Posted: 7/20/2017 5:08:42 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


WRONG on BOTH.

Thew pre-86 can stay with the FFL since it still in business.

The post-86 can go to a MFG or importer with no letter, or to another dealer with a letter. Or to MIL/LE, or be demilled for parts, or given to local BATFE office.
View Quote
Pretty much this^

What posties do you have OP? If you're looking to find them a home hit me up.
Link Posted: 7/20/2017 5:25:20 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

What posties do you have OP? If you're looking to find them a home hit me up.
View Quote
Not really looking to sell any.  The owner would like to keep them.  Two MP5s and an MP5SD.  
Link Posted: 7/20/2017 5:39:08 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Not really looking to sell any.  The owner would like to keep them.  Two MP5s and an MP5SD.  
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

What posties do you have OP? If you're looking to find them a home hit me up.
Not really looking to sell any.  The owner would like to keep them.  Two MP5s and an MP5SD.  
Well unless you are going to make parts kits, that will not happen if you give up SOT.
Link Posted: 7/20/2017 6:06:41 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Well unless you are going to make parts kits, that will not happen if you give up SOT.
View Quote
I thought they were transferred to the LLC per another post in this thread???  Pre 86 post 68 dealer sample.  We do not have any post 86 dealer samples.
Link Posted: 7/20/2017 6:12:41 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I thought they were transferred to the LLC per another post in this thread???  Pre 86 post 68 dealer sample.  We do not have any post 86 dealer samples.
View Quote
No "transferred to the LLC" - they already belong to the LLC, which can keep them, so long as it exists.

If the owner ever dissolves the LLC, the owner will not be allowed to take personal possession of the pre-86 samples unless the owner gets a personal, sole proprietor FFL and SOT and transfers the pre-samples from the LLC to the personal FFL/SOT before discontinuing the LLC entity.
Link Posted: 7/20/2017 6:20:59 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I thought they were transferred to the LLC per another post in this thread???  Pre 86 post 68 dealer sample.  We do not have any post 86 dealer samples.
View Quote
He asked about post samples.

You wrote "We have a few pre 86 post 68 machine guns". I guess we assumed you meant We have a few "pre-86 & post-86 machine guns", as post68 is not a term used since 1986.
Link Posted: 7/20/2017 10:04:47 PM EDT
[#12]
As the others advised, the only things the FFL cannot keep are the post-86 MGs. Since you advised the FFL doesn't have any, then they're all keepers. 
Link Posted: 7/25/2017 1:01:23 PM EDT
[#13]
Any idea of what I am supposed to do with the records?  Do I dispose of the MGs to the LLC?  Do I send my books to the ATF?  I've left numerous phone calls and emails with ATF but no one can tell me or will respond... figures...
Link Posted: 7/25/2017 1:23:53 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Any idea of what I am supposed to do with the records?  Do I dispose of the MGs to the LLC?  Do I send my books to the ATF?  I've left numerous phone calls and emails with ATF but no one can tell me or will respond... figures...
View Quote
You are all over the place, and either not reading or not comprehending the answers you've already been given.

Unless the LLC is also dropping its FFL, you keep your books.

The LLC already owns the MGs, so no disposition is required.

You only send your books in to the ATF if the LLC is dropping both its SOT and its FFL.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top