PDA

View Full Version : Out Of State NFA Purchase


Iraqgunz
05-20-09, 04:00
The answer may be around, but I must have missed it. My Search-Fu also did not give a direct answer.

Can I hypothetically purchase and NFA item from another state, do all of the paperwork (Trust route) and once it is approved then drive back to said state and pick it up or does it have to go through an NFA dealer in my state?
Stephen_H
05-20-09, 06:54
Only for SBS and SBR in bordering states if I understand the NFA regs correctly. Everything else has to be transferred through an in state class 3.

You can also do an in-state FTF on NFA items. You still have to file the Form 4, but it is not necessary to go through a dealer.

Stephen
Army Chief
05-20-09, 07:00
I believe it has to go the latter route.

I seem to recall a similar discussion in NFA dealer channels some time ago that effectively raised the point that this is the only way that NFA Branch has to insure that the initial transfer is made into a state or jurisdiction that permits it. If there were no such restrictions, an out-of-state NFA dealer could transfer the weapon and just tell you to fill out the 5320.20 before you leave his state; trouble is, that wouldn't meet the ATF's burden of making sure that the initial transfer was itself lawful.

AC
Iraqgunz
05-20-09, 08:22
Stephen,

The item(s) I am looking at are a suppressor and an SBR. Since I only live a few hours away the drive is worth it.


Only for SBS and SBR in bordering states if I understand the NFA regs correctly. Everything else has to be transferred through an in state class 3.

You can also do an in-state FTF on NFA items. You still have to file the Form 4, but it is not necessary to go through a dealer.

Stephen
Iraqgunz
05-20-09, 08:24
Doesn't the NFA branch already know what states are legal and which ones aren't? I would think that when the examiner looks at the paperwork they would know that as well. Also, doesn't the dealer have to ensure that the transfer is lawful as well?


I believe it has to go the latter route.

I seem to recall a similar discussion in NFA dealer channels some time ago that effectively raised the point that this is the only way that NFA Branch has to insure that the initial transfer is made into a state or jurisdiction that permits it. If there were no such restrictions, an out-of-state NFA dealer could transfer the weapon and just tell you to fill out the 5320.20 before you leave his state; trouble is, that wouldn't meet the ATF's burden of making sure that the initial transfer was itself lawful.

AC
Alex F
05-20-09, 08:29
I spoke to a dealer in Virginia and he advised that all transfers must be done within the state you reside in.

He didn't specify SBS/SBR but he specifically mentioned suppressors.

I imagine that it might be a better idea to have it done by a local shop since your SBR/suppressor will be registered with the ATF. More crossing of T's and dotting of I's and all that.

You might consider emailing ATF for a letter on this.
CAR-AR-M16
05-20-09, 09:33
Alll out of state NFA transfers (MG, SBR, SBS, AOW, DD, Suppressor) must go through an 01/03 FFL/SOT (Class 3 dealer) in your state. Another thing you want to remember is if the person in the other state you are buying them from is an individual (not a Class 3 dealer) than there will be 2 $200 transfers on each of these items. It can go one of two routes:

$200 Form 4 transfer from out of state individual to your C3 dealer and then $200 Form 4 transfer from your dealer to you.

or

$200 Form 4 transfer from out of state individual to a C3 dealer in his state, then tax free Form 3 transfer from his C3 dealer to your C3 dealer and then $200 Form 4 transfer from your dealer to you.
Iraqgunz
05-20-09, 10:14
CAR-AR-M16,

Thanks for the info. The items would have been coming from an out of state NFA dealer. The deal is good for me if there is no dealer to dealer cost because I would then be getting a very good overall price on the items. I am still kicking it around though.
dbrowne1
05-20-09, 11:45
CAR-AR-M16 is correct. It has to go through a dealer in your state, which means two taxes any way you cut it. Transfers between dealers are on a Form 3 and tax free (and usually process much faster than a Form 4).

Probably cheaper and faster to do a Form 4 to your dealer, then Form 4 to you. That way you have only two forms to be approved and only one dealer charging you a fee.
CarlosDJackal
05-22-09, 12:46
CAR-AR-M16,

Thanks for the info. The items would have been coming from an out of state NFA dealer. The deal is good for me if there is no dealer to dealer cost because I would then be getting a very good overall price on the items. I am still kicking it around though.

FWIW, I purchased my NFA from a dealer in another state and the only thing it cost me to transfer to my SOT was the shipping cost (and maybe some processing cost I was not aware of :D). It also only took 4 weeks. Good luck!!
Iraqgunz
05-22-09, 13:09
Carlos,

Thanks for the heads up. I may pursue this issue shortly.


FWIW, I purchased my NFA from a dealer in another state and the only thing it cost me to transfer to my SOT was the shipping cost (and maybe some processing cost I was not aware of :D). It also only took 4 weeks. Good luck!!
Irish
05-22-09, 13:11
Dealer to dealer just took approx 3 weeks for me. Now the long wait begins...