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Posted: 11/28/2012 7:16:18 PM EDT
| When payment from the buyer is received and the form 4 is filled out can the riffle be shipped to the buyers SOT? |
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No, you must keep the rifle until the form 4 comes back approved with a tax stamp. Then you can mail it to the buyers SOT. Why can't he ship it to the buyers SOT it would be legal for the SOT to hang on to it until the F4 came back. At the most he would need to get a 5320.20 to ship it. |
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No, you must keep the rifle until the form 4 comes back approved with a tax stamp. Then you can mail it to the buyers SOT. Why can't he ship it to the buyers SOT it would be legal for the SOT to hang on to it until the F4 came back. At the most he would need to get a 5320.20 to ship it. Because he is the "owner" of the SBR until the form 4 comes back approved and must maintain possession of the SBR. No it would not be legal to ship the gun without an approved tax stamp (form 4). Or an approved form 3 (dealer to dealer transfer). |
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No, you must keep the rifle until the form 4 comes back approved with a tax stamp. Then you can mail it to the buyers SOT. Why can't he ship it to the buyers SOT it would be legal for the SOT to hang on to it until the F4 came back. At the most he would need to get a 5320.20 to ship it. Because he is the "owner" of the SBR until the form 4 comes back approved and must maintain possession of the SBR. No it would not be legal to ship the gun without an approved tax stamp (form 4). Or an approved form 3 (dealer to dealer transfer). Fairplay, what DaBeamz posted is correct. Having an SOT does NOT allow you to "hold on" to someone else's NFA items. They have to be transferred to the SOT on an approved form 3 (if from another SOT) or an approved form 4 (if from an individual). |
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He is not a dealer he is just sending his personal firearm off to be looked after or fixed or modified. Where are you getting that he is "sending his personal firearm off to be looked after or fixed or modified"? The OP's post said: Sold SBR Question? When payment from the buyer is received and the form 4 is filled out can the riffle be shipped to the buyers SOT? "Sold", "payment" and "buyer" means he is selling to me. Also, a Form 4 is used to transfer ownership. A Form 5 is used to send of for repair and even that is not always needed. |
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He is not a dealer he is just sending his personal firearm off to be looked after or fixed or modified. If ATF stops by to audit the dealer's inventory, and the dealer as an NFA item in inventory without a Form 3 or 4 in his name, the dealer could lose his license. If the dealer also has a gunsmithing business, he could take it it with a repair order instead of the Form 4, but again, if ATF audits him, the gun had better either really need repairs, or have been recently repaired. Bending NFA law is how lots of folks end up in federal prison, and thereafter are convicted felons. (Just ask Bill Fleming, or the defendants currently facing trial in the Clark MG case.) Of course, Your Mileage May Vary. 
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He is not a dealer he is just sending his personal firearm off to be looked after or fixed or modified. If ATF stops by to audit the dealer's inventory, and the dealer as an NFA item in inventory without a Form 3 or 4 in his name, the dealer could lose his license. If the dealer also has a gunsmithing business, he could take it it with a repair order instead of the Form 4, but again, if ATF audits him, the gun had better either really need repairs, or have been recently repaired. Bending NFA law is how lots of folks end up in federal prison, and thereafter are convicted felons. (Just ask Bill Fleming, or the defendants currently facing trial in the Clark MG case.) Of course, Your Mileage May Vary.
Tony is correct. AS ALWAYS lol But I have to ask. What did Bill Fleming do? |
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Bill Fleming was a great 07/02 FFL/SOT manufacturer, a recognized HK guru who did some of the best HK conversions and made some of the best sears, as well as converting many other semis to FA. He also bought and sold a lot of MGs, and was tired of paying the incoming transfer taxes on his buys. He was also tight with a couple of LE agencies, so one day he came up with an idea: When he bought an MG from an individual, instead of paying the $200 for a direct Form 4 to him, he would have the seller transfer it to one of his cooperating LE agencies on a tax-free Form 5, and the agency would then forward it to him on another tax-free 5.
ATF caught wind of this, arrested him, and prosecuted him for tax evasion. Though technically he broke no laws, the intent to avoid the taxes was clear, and he was convicted of felony tax evasion. He did time in prison, was released, but as a convicted felon he may no longer own or work on firearms. |
I see no reason the class 3 dealer could not hold onto the sbr until transfer if the reason stated on the 5320.20 was to hold until transfer of new owner is complete. OP since no one has given a reason that you cant do it, try this. It will only cost a stamp and some time. Fill out a 5320.20 times 2 with the reason being for transport is "For the safe storage of sbr while new owner awaits for tax approval." and check the no box for the question Will firearm be returned the the orignal location?. All that could happen is they approve it or disapprove it. Then we will all be informed. Thankyou if you try. Damm you if ya dont
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I see no reason the class 3 dealer could not hold onto the sbr until transfer if the reason stated on the 5320.20 was to hold until transfer of new owner is complete. OP since no one has given a reason that you cant do it, try this. It will only cost a stamp and some time. Fill out a 5320.20 times 2 with the reason being for transport is "For the safe storage of sbr while new owner awaits for tax approval." and check the no box for the question Will firearm be returned the the orignal location?. All that could happen is they approve it or disapprove it. Then we will all be informed. Thankyou if you try. Damm you if ya dont I think you have a reading comprehension problem. No this is not legal. The registered owner must maintain control of all items registered to he/she/it(trust) until a new registered owner is approved by the ATF-NFA signfied by a new stamp on a new Form 3,4,5. The 5320 has nothing to do with it. The 5320 is to allow the registered owner to travel WITH the registered item across state lines -NOT to leave behind. |
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I see no reason the class 3 dealer could not hold onto the sbr until transfer if the reason stated on the 5320.20 was to hold until transfer of new owner is complete. OP since no one has given a reason that you cant do it, try this. It will only cost a stamp and some time. Fill out a 5320.20 times 2 with the reason being for transport is "For the safe storage of sbr while new owner awaits for tax approval." and check the no box for the question Will firearm be returned the the orignal location?. All that could happen is they approve it or disapprove it. Then we will all be informed. Thankyou if you try. Damm you if ya dont I think you have a reading comprehension problem. No this is not legal. The registered owner must maintain control of all items registered to he/she/it(trust) until a new registered owner is approved by the ATF-NFA signfied by a new stamp on a new Form 3,4,5. The 5320 has nothing to do with it. The 5320 is to allow the registered owner to travel WITH the registered item across state lines -NOT to leave behind. Exactly, I don't know how people can not understand this. |
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I see no reason the class 3 dealer could not hold onto the sbr until transfer if the reason stated on the 5320.20 was to hold until transfer of new owner is complete. OP since no one has given a reason that you cant do it, try this. It will only cost a stamp and some time. Fill out a 5320.20 times 2 with the reason being for transport is "For the safe storage of sbr while new owner awaits for tax approval." and check the no box for the question Will firearm be returned the the orignal location?. All that could happen is they approve it or disapprove it. Then we will all be informed. Thankyou if you try. Damm you if ya dont I think you have a reading comprehension problem. No this is not legal. The registered owner must maintain control of all items registered to he/she/it(trust) until a new registered owner is approved by the ATF-NFA signfied by a new stamp on a new Form 3,4,5. The 5320 has nothing to do with it. The 5320 is to allow the registered owner to travel WITH the registered item across state lines -NOT to leave behind. Exactly, I don't know how people can not understand this. What   So when people send things to m60 joe they have to stay in a hotel for a couple of weeks till he repairs it? I thought I could just send it to him on a 5320.20 and just wait.
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I see no reason the class 3 dealer could not hold onto the sbr until transfer if the reason stated on the 5320.20 was to hold until transfer of new owner is complete. OP since no one has given a reason that you cant do it, try this. It will only cost a stamp and some time. Fill out a 5320.20 times 2 with the reason being for transport is "For the safe storage of sbr while new owner awaits for tax approval." and check the no box for the question Will firearm be returned the the orignal location?. All that could happen is they approve it or disapprove it. Then we will all be informed. Thankyou if you try. Damm you if ya dont I think you have a reading comprehension problem. No this is not legal. The registered owner must maintain control of all items registered to he/she/it(trust) until a new registered owner is approved by the ATF-NFA signfied by a new stamp on a new Form 3,4,5. The 5320 has nothing to do with it. The 5320 is to allow the registered owner to travel WITH the registered item across state lines -NOT to leave behind. Exactly, I don't know how people can not understand this. What So when people send things to m60 joe they have to stay in a hotel for a couple of weeks till he repairs it? I thought I could just send it to him on a 5320.20 and just wait.There's a difference between shipping a Title II firearm to a gunsmith for repair/modification and sending to a dealer for "storage." One is legal and one is not. A gunsmith is obligated to return the firearm after the repair is completed. Otherwise, he'd have to explain why he's in possession of the weapon without a valid transfer. |
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