Private Party NFA Form 4 Transfer between Non Dealer Friends Questions

[azboater]

So, a couple questions regarding the sale and Transfer of one of my Form 4 NFA MG’s to a Friend

( Neither one of us are Dealers) 

1. Can I allow my Friend buying to shoot the NFA weapon the entire time while waiting on the Form 4 approval/Tax Stamp if I am present?

2. what forms need to be submitted private to private Transfer?

3. Or can We just pay a class III dealer to do the paperwork for us and if that happens can I still retain the weapon while waiting, or dealer then holds the weapon

Thanks in advance for answers!
 

[jbntex]

1.  Your friend cannot take possession of the NFA firearm until the transfer is approved and the paperwork comes back from the ATF.   However he can shoot it as much as he wants while in your immediate presence.   Say you both want to go to the range, you bring the machinegun with you, he shoots it while you watch, you both leave and you take the machinegun back home with you.

2. BATFE 5320.4  aka ATF Form 4.   

https://www.atf.gov/firearms/docs/form/form-4-application-tax-paid-transfer-and-registration-firearm-atf-form-53204

3.  Sure you can pay a dealer to fill out the above ATF Form 4 for you in a secretarial capacity. 

You will still retain possession of the NFA firearm as it is registered to you not the dealer.  The form is not super complicated to fill out and it has  instructions as well in regards to how to complete it. 

You can use the current form that the gun transferred to you on to help as a guide, get some passport photos and finger cards  done for the buyer, and mail it in with a $200 tax payment check.

[azboater]

3 minutes ago, jbntex said:

1.  Your friend cannot take possession of the NFA firearm until the transfer is approved and the paperwork comes back from the ATF.   However he can shoot it as much as he wants while in your immediate presence.   Say you both want to go to the range, you bring the machinegun with you, he shoots it while you watch, you both leave and you take the machinegun back home with you.

2. BATFE 5320.4  aka ATF Form 4.   

https://www.atf.gov/firearms/docs/form/form-4-application-tax-paid-transfer-and-registration-firearm-atf-form-53204

3.  Sure you can pay a dealer to fill out the above ATF Form 4 for you in a secretarial capacity. 

You will still retain possession of the NFA firearm as it is registered to you not the dealer.  The form is not super complicated to fill out and it has  instructions as well in regards to how to complete it. 

You can use the current form that the gun transferred to you on to help as a guide, get some passport photos and finger cards  done for the buyer, and mail it in with a $200 tax payment check.

Fantastic Jbntex much appreciated!

[mattnh]

1) Yes, but you must keep possession of the MG until the F4 is approved and it is actually transferred to him

2) Assuming you both live in the same state, just a Form4 directly from you to him

3) Yes a dealer could produce the paperwork (likely for a fee) , or simply use this Form4 generator

https://eform4.silencershop.com/

It is really simple, give it a whirl...

A dealer doesn't serve any purpose other than hand holding you through the paperwork (unless you gus don't live in the same state).

BTW, you can't technically transfer a NFA item to a dealer without an approved Form4 either (except temporarily for a repair)
 

Hope that helps.

-- Matt

[azboater]

Thanks Matt we live in the same town, looks like it’s not so complicated

much Appreciated!

[Ryo]

Both of those guys gave you solid info.

Do it yourself, no need for a FFL. I do recommend when you fill out your form, pull out your original form and copy the information exactly as written for the model, length of barrel, etc. If you don't they will kick it back to you. It doesn't put you at the end of the line.. just a correction, but that adds on a couple of extra weeks of annoyance.

Silencer shop form generator is really nice. I used it.

Edited November 1, 2022 by Ryo

[Navgunner]

11 hours ago, jbntex said:

1.  Your friend cannot take possession of the NFA firearm until the transfer is approved and the paperwork comes back from the ATF.   However he can shoot it as much as he wants while in your immediate presence.   Say you both want to go to the range, you bring the machinegun with you, he shoots it while you watch, you both leave and you take the machinegun back home with you.

2. BATFE 5320.4  aka ATF Form 4.   

https://www.atf.gov/firearms/docs/form/form-4-application-tax-paid-transfer-and-registration-firearm-atf-form-53204

3.  Sure you can pay a dealer to fill out the above ATF Form 4 for you in a secretarial capacity. 

You will still retain possession of the NFA firearm as it is registered to you not the dealer.  The form is not super complicated to fill out and it has  instructions as well in regards to how to complete it. 

You can use the current form that the gun transferred to you on to help as a guide, get some passport photos and finger cards  done for the buyer, and mail it in with a $200 tax payment check.

Fantastic job!