Help with sale/transfer of a NFA item.

[guido1221]

Hi Guys,  I got a call today from the Under Sheriff here in Eureka.  He wants to purchase a select fire weapon. He said he wants it for personal use not for the department.  However, I think when he finds out the prices of these items he my decide to use the department letterhead for the purchase. ( Does that violate any ATF regulations?).    I have an SOT and this would be my first sale or transfer.   I'm at a loss as to how to proceed If he goes with the department purchase.  A few months back I asked this question and received copies of form letters needed to start the process of getting a demo weapon.    I forgot who sent them to me so thanks again whoever it was.  Assuming he wants the weapon for the department, and it is not a demo weapon, where is it kept?  At my shop or the sheriff's office?   Are demo weapons kept with me?   This would be my first NFA transaction and I'm not at all familiar with how to proceed .  Any information would be greatly appreciated.  

Thanks

Jim I  

Eureka, Nevada

[Waffen Und Bier]

His agency can buy them for "official use only" and they stay stored at the agency or assigned to a member of the agency (not with a dealer). Usually the agency gets them shipped directly to them with a letter /check or purchase order going to the manufacturer or the manufacturer's LE distributor and dealers never even see them. Assuming it's a post sample and he used personal funds to purchase it for agency use, he would not be able to take it with him when he left the agency. If the agency had it long enough to satisfy BATF that there were no FET issues, maybe he could take the parts kit minus the registered receiver when he left (some officers and dealers have gotten in trouble for tax evasion issues for doing s like ordering 25 HK M16 variants and parting them out for sale not having paid FET on the guns or possessing guns still after they left the agency).

 

His agency could also Form 1 something (again for official use only.)

 

This is not legal advice, just discussion, so the answer is maybe . BATFE can probably give you guidance here.

Official use only could be broad, but I think it would have to benefit the agency somehow.

As far as demo letters, I'll let someone else deal with that one.

[guido1221]

Thank You,  I will give BATF a call in the morning after I know how he wants to proceed.

Jim Izzolo

Eureka, NV

 

[Waffen Und Bier]

It's been a few years but Dan Shea's group used to publish a guide to help dealers with the world of NFA.....Machine Gun Dealers Bible or Guide or something like that (unless I'm completely imagining it). Don't know if it's still published or how up to date it is. May help you avoid some pitfalls. It's easy to get into trouble in NFA world when one has the best of intentions. It's even more dangerous for some when temptation enters the picture.

 

I never read it and cannot vouch for the content. Maybe someone can chime in with a recommendation. ATF also publishes/published an FFL guide that had a section for NFA questions. Text my be available on their website. Good luck.

Edited July 27, 2016 by Waffen Und Bier
additional info.

[guido1221]

That is excellent advice......Thank you.    I'll look into the publications you cited.

Jim

[The Lone Ranger]

MGDB is very good but has been out of print for several years and is tough to find.  NFA Handbook is here:

https://www.atf.gov/file/58251/download

 

Regarding your original question - the agency can acquire it but as WUB said he can't take it with him when he pulls the pin.  The agency could buy him out of it, let him find a buyer and transfer, cut it up and take the parts, or none of the above.  If you get it, he can't take it at all unless you two are joined at the hip.  Drop shipment works well if they choose to buy it from you, just see if your mfg or distributor will ship to the agency.  Best if it all above board, Sheriff really authorizes the acquisition for duty use.  US vs Vest was an example of the potential for discomfort of acquiring under the umbrella of the agency.  Vest himself was found not guilty at a bench trial (922o unconstitutionally vague - funny the gov never appealed that), if feeble memory serves, couple other cops had already pled guilty.  

http://armsandthelaw.com/archives/USvVest.pdf