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Pre-Sample Transfer Question


Hambone

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My client is a former FFL01/SOT who has legal possession of a couple “pre-sample” / pre-1986 sample MGs that he wants to sell to another FFL01/SOT out of state. Have questions:

1) Because he is an individual with legal possession, will he be required to transfer to a SOT in this state before transferring to the purchasing SOT in another state?

2) May he transfer directly to a FFL01/SOT to another state?

3) Will there be no $200 transfer tax? One $200 transfer tax? Two $200 transfer taxes?

Thank you in advance. 

 

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1 hour ago, Hambone said:

My client is a former FFL01/SOT who has legal possession of a couple “pre-sample” / pre-1986 sample MGs that he wants to sell to another FFL01/SOT out of state. Have questions:

1) Because he is an individual with legal possession, will he be required to transfer to a SOT in this state before transferring to the purchasing SOT in another state? no

2) May he transfer directly to a FFL01/SOT to another state? yes

3) Will there be no $200 transfer tax? One $200 transfer tax?

Thank you in advance. 

 

 

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It transfers just like any other tax paid Form 4.  Direct to a SOT in any state and pay $200 but (because it's coming TO a current SOT) he only needs to fill out page 1 of the F4 (transferor signs, transferee doesn't need to), send the 2 copies to the ATF and no prints, pics or CLEO copy required.

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If the Form 4 went to a FFL with an SOT.  They can ship on a Form 3.

The NFA item isn't part of an Form. That's just the movement of the NFA item. Form 3 is just the transfer of a NFA item from one FFL with a SOT to another FFL with a SOT. Hence if the FFL originally got the NFA item using a Form 4, they can use a Form 3 to ship to another FFL/SOT. 

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