Selling a Suppressor that is not in My Possession

Silverlax · Apr 28, 2017

Last year, before the madness, I bought a suppressor from an out of state company (could not find this particular suppressor anywhere else) and it took them until after the "trust deadline" to transfer it to my chosen dealer. Since then it has been sitting there, no Form 4 filed and I have been debating on what to do with it. Because the suppressor is not in my possession since I have not filed/received a Form 4 approval, could I legally sell this prior to filling out the Form 4/$200 stamp/fingerprints & waiting for approval? What type of process would be required if it is in fact legal?

Not sure I would sell it, but it seemed like a question that does not get asked much, if at all. Thanks.

outrider58 · Apr 28, 2017

Did you pay for it before 7/14? I'm curious as to how this will pan out. It seems to me(and I am not an expert on this) that if you purchased it out of state, there should have been a Form 4 applied for at that point. The Form 3(transfer between SOT) should have no bearing on you, but like I said I'm no expert.

Pinecone · Apr 28, 2017

I don't think the Form 4 can be filed, until the suppressor is in the possession of the transferring FFL. So Form 3 transfer to local dealer, THEN Form 4 for transfer to you.

At least this is how Duffy's did one of mine.

So the OP paid for it, had to Form 3 transferred to a local dealer, no Form 4. So I don't see why he cannot sell it, and the buyer does the Form 4 with the dealer where it is residing.

Sundazes · Apr 28, 2017

Most dealers/SOT's will not submit the F4 until they have it in hand. You need to talk to the transferring dealer to find out how to handle this. He has it in his possession, so he dictates the procedure. Also some transferring dealers may have a stipulation that if you don't fill out the F4 in x time, they take ownership.
What can is it?

vgplayer · Apr 28, 2017

I would say your FFL currently is the owner since it was transferred to them via a Form 3 and hasn't yet been transferred to you via a Form 4.

Silverlax · Apr 28, 2017

sundazes said:
Most dealers/SOT's will not submit the F4 until they have it in hand. You need to talk to the transferring dealer to find out how to handle this. He has it in his possession, so he dictates the procedure. Also some transferring dealers may have a stipulation that if you don't fill out the F4 in x time, they take ownership.
What can is it?

The can in hand was definitely the case on this one. I'll have to call him up. I never knew about time limits, I wonder how that works. Is that something that the transferring dealer would have to first make you aware of? The can is a Griffin Armament Alpha. Has the removable baffles and changeable front cap.

IMBLITZVT · Apr 28, 2017

Most like it came on a Form 3 to your dealer if you bought from Griffin or another dealer (not a used suppressor). If its at your dealer on a Form 3, then it will transfer tax free to anyone's dealer you sell it too. Form 3 should also be quicker but they have been very slow lately.

If it was me, I would sell it and work the deal. Then have my dealer transfer it to their dealer on a tax free form 3 (probably at some additional fee) and then its a done deal.

Pinecone · Apr 30, 2017

vgplayer said:
I would say your FFL currently is the owner since it was transferred to them via a Form 3 and hasn't yet been transferred to you via a Form 4.

Did the FFL pay for it?

Any time limit would be based on the dealer having to store it for an extended period. They would want to limit that or charge for it.

Talk to the FFL.

You can sell it to someone, and the current FFL can do the Form 4 to transfer to them if they are MD resident. Or they can transfer it on a Form 3 to the buyer's FFL.

Silverlax · May 1, 2017

Pinecone said:
Did the FFL pay for it?

Any time limit would be based on the dealer having to store it for an extended period. They would want to limit that or charge for it.

Talk to the FFL.

You can sell it to someone, and the current FFL can do the Form 4 to transfer to them if they are MD resident. Or they can transfer it on a Form 3 to the buyer's FFL.

No, I paid for it. Thanks, I'll get in touch with him.

Sundazes · May 5, 2017

Silverlax said:
No, I paid for it. Thanks, I'll get in touch with him.

So what was the outcome of this?

Selling a Suppressor that is not in My Possession

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