A couple of questions related to transfer of C&R MG's.

1. If an individual has a C&R eligible MG, would they use a standard Form 4 for the transfer it out of state to a person with a C&R FFL?  I assume so as Form 3's are for dealer to dealer.  

2. Would the person with the C&R license put their 03 FFL number down in the Transferee's Federal Firearms License section, Box 5?  I would think there would need to be some indication of the transferee's (buyer's) FFL status, to allow for a Form 4 over state lines, which ATF would see via the addresses listed on the form.

3. The seller could then mail, visa USPS, the MG to the buyer, as long as it's not a "concealable" firearm, is that correct, so no Mac's or other sub-16" barrel firearms?  If it was a MAC, how would a private individual ship the MG to the buyer I wonder, as I read elsewhere UPS and FedEx don't accept MG's, is that correct?

4. What item is considered the C&R focus for it being 50 years or older, if there's a separate sear?  The date of manufacture of the receiver of the host weapon?  Or the date of manufacture of the sear?

For example, say you had a HK sear from 1985, and it was installed in an HK from 1971 (don't know if such exist but say they do).  Is that a C&R MG?  Or on the other side, say the same sear manufactured in 1971, but installed in a HK from 1990.  Is that a C&R, the idea being that the sear is the NFA item and that's what's being transferred via the Form 4, and the host is along for the ride?  Or would both sear and receive need to be C&R status to direct transfer to an 03 FFL?

Thanks,

Yes.
Form 3 is SOT to SOT, not dealer to dealer.


No. You put your name and address just as it is on your C&R.
Same with the transferee......just as it shows on his C&R FFL.

FFL#'s go on para 5 and 7.



Neither FedEx or UPS will accept a machine gun shipment.
USPS doesn't specifically mention machine gun shipments in domestic mail.

I see no legal means for a collector to ship a C&R machine gun via USPS if it does not meet the USPS definition of rifle or shotgun. Similar to why collectors cannot mail C&R pistols and revolvers. (only licensed dealers and manufacturers)



That depends on how the machine gun was initially registered. My guess is very few "sears" were registered by themselves until the spectre of the Hughes Amendment was hanging over everyones heads.



You can have a complete MG registered. You can replace parts as you please and use as many new sears as you wish, because the receiver is the MG.
You can have a sear registered as a MG. It can swap around to as many rifles as you wish, but if you break it or lose it you cannot just serialize another one.

Installing the sear in a semiautomatic rifle doesn't make that semi auto a MG forever, once the registered sear is removed you again have a semi auto rifle. The sear will have its own serial# engraved and is an MG by itself whether installed in a rifle, pistol, etc.

In short, lets say you have a fifty one year old HK registered sear.........it would be C&R, but the firearms you use it with are not necessarily C&R themselves.

Good info, thanks.