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jkb471

C&R NFA Transfer - Individual to C&R 03

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Anyone have approval or delay issues with transferring a C&R NFA weapon (assuming is it a legit/confirmed C&R) from an individual owner to an out of state C&R licensed collector on a Form 4? 

I have only previously transferred from FFL/SOT to a C&R, but believe that a C&R gun can go directly from an individual or trust to a C&R 03 FFL.  

My first call to the NFA branch did not get my question confirmed, but it seems pretty clear in the NFA Handbook:

10.2.2  Receipt of NFA curios or relics by a licensed collector.  A licensed collector may receive an NFA curio or relic firearm directly from any person in any State.  Such receipt requires an approved Form 4 (or in the case of an unserviceable firearm, an approved Form 5) with law enforcement certification and fingerprint cards.

I would appreciate any insight or comments on experiences.

Thanks

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Hi jkb471,

Not a problem.  Out of state NFA to your C&R should be AOK as long as the firearm is C&R.  I've done it for years to avoid the "two stamp" out of state purchase.

That being said, AFAIK, a Trust cannot hold a C&R Collectors License.  Transfer of an out-of-state C&R NFA to a Trust using a C&R collectors license is a no-go.  If a Trust has a C&R Collectors License I think something is wrong.

I'm just a person.  I have no affiliation with folks that practice law for a living.  I could be wrong.  This is only what I have experienced.

Enjoy,

Grasshopper

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Thanks for the reply.  Just to clarify - transfer would be going from an individual or trust (does that makes a difference?) to an out of state C&R.  Not transferring to a trust.

Edited by jkb471

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grasshopper and the handbook are correct - C&R firearm can go direct from a nonlicensee; trust, LLC, corporation, or natural person does not change anything.  18 USC 922(a)(2)(A) if you want to get specific.

Edited by The Lone Ranger
punctuation

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ARGH ME BUCKO ! when things are moving as expected, you can EXPECT someone to toss a wrench in the works and jamb things up. I don't have an exact date, but when ATF hired all the NEW examiners, somebody decided that EVERY C+R or FORM-4 transfer would be traced back to the original registration form entering it in the system . consequently many examples that had transferred as C+R's were/are being denied. I don't have any idea what the national rate is but in my case since 2013 more than half have been denied. at one time if the manufacturer was listed by the country and it was a govt arsenal you were good to go. even registered Dewats could be trans as C+R. with no clear mandate several firearms were transferred with odd additions to the form and NO CHANGE to the example.  An individual at a SAR show in PHX bought and paid cash for a  FN- FND 30/06 from a dealer(LLC) that was going out of business. he offered a "redacted" prior  transfer using a C+R to the gent he bought it from. when all the "smoke" started clearing and it hit the NEW examiners, they found it had transferred twice with a C+R then to the PHX dealer . Of course it was denied. Of course the dealer had ceased business more than a year. all the buyer could do was transfer it to another dealer as the "pre-may" it was and take a $22k loss. in the early days we as "customers"  expected to pay all up front with individuals but try for the 50/50.  In the early days DEALERS seldom required the full amount up front. that got an easy start when "DEALERS" started claiming consignments as inventory and the drifted to most offerings. from all the information I can gather , there is no way to confirm C+R status prior to the purchase unless the transferee fills out a FOID request good luck waiting for THAT!


I only accept postal money orders. contact me DIRECTLY before sending any funds                                           email  myoldiron@outlook.com        

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