Buying nfa outta state from indivdual, form 3 optional?

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • blksniper2000

    certified lurker
    Jan 31, 2009
    849
    Baltimore/PA area
    Hey,
    While responding to a ARF.com thread i was told by 3 different people

    that if you buy a nfa item from an indivdual in another state, that individual can do a form 4 directly to your dealer bypassing the form 3 process entirely.
    Everything ive read says this is wrong

    Im currently in such a process and my seller did the form 4 to his dealer, then a form 3 to my dealer, tben form 4 to me

    Am i missing something or are these guys smoking crack?
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    that if you buy a nfa item from an indivdual in another state, that individual can do a form 4 directly to your dealer bypassing the form 3 process entirely.

    Yes, that's how it would *have* to be done. A Form 3 is only for SOT - to - SOT transfers, and is tax free. A private person *can't* transfer it on a Form 3.

    Im currently in such a process and my seller did the form 4 to his dealer, then a form 3 to my dealer, tben form 4 to me

    That wasn't necessary. An NFA item is a firearm. Like any other firearm, if you sell across state lines, the sale must be handled by an FFL in the state of residence of the purchaser. Just like any other firearm, your FFL has the choice of if they will accept a transfer from a private citizen or not, but there is nothing in the law that prevents them from doing so.

    So you can do it like this:

    Seller -> Form 4 -> Your FFL in your state -> Form 4 -> You.
     

    Mike OTDP

    Ultimate Member
    Feb 12, 2008
    3,318
    Hawkeye is correct. The one exception would be C&R NFA items. Those can transfer directly to a C&R holder.
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    Yes, I agree. Individual in another state form 4s to your dealer and then your dealer form 4s to you. $200 x2 in costs.

    What is why buying a gun that can go out on a form 3 is an advantage, because the form 3 from SOT to SOT is quicker. However there is no reason to form 4 to an out of state dealer and then form 3 from dealer to dealer, then another form 4 to you. Thats going to take an extra few months and probably cost a lot more.

    C&R MGs are awesome! I have had several come strait to my door! :)
     

    blksniper2000

    certified lurker
    Jan 31, 2009
    849
    Baltimore/PA area
    I appreciate the responses guys, its frustrating to know that i have apparently wasted extra time and money with the form 3 process.
    I saw this in the nfa faq section of the forum; should this be modified?

    Selling NFA Items Across State Lines


    Selling NFA items across state lines requires the item to be transferred to a Form 3 (requires a $200 fee to go from form 1 or 4 to form 3) then once on Form 3 it can be transferred to another dealer in another state (tax free transfer). Once there it will require another $200 transfer to go back to a Form 4 to the new owner (Form 1 is only for the origional registerer, all other transfers will be on Form 4’
     

    Boss94

    Ultimate Member
    Feb 15, 2013
    6,945
    A friend of mine did a form 4 ( MD resident) to a VA class 3 dealer about 2 years ago on a mp5. I know both the dealer and individual that was selling the gun's , and everything went smoothly .
     

    SwerveAM

    Member
    Jun 26, 2011
    51
    A friend of mine did a form 4 ( MD resident) to a VA class 3 dealer about 2 years ago on a mp5. I know both the dealer and individual that was selling the gun's , and everything went smoothly .

    Would that work for PA if I’m a MD resident?
     

    Boss94

    Ultimate Member
    Feb 15, 2013
    6,945
    If you're selling to a dealer than yes it should. Or if you were a dealer and the other guy was a individual than yes. But person to person. No.
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    Would that work for PA if I’m a MD resident?

    If you are an MD resident (and not an FFL) and the buyer is a PA resident (and not an FFL), you will have to do the following:

    You -> Form 4 ($200) -> SOT FFL in PA.

    SOT FFL in PA -> Form 4 ($200) -> your buyer.
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,459
    MoCo
    If you are an MD resident (and not an FFL) and the buyer is a PA resident (and not an FFL), you will have to do the following:

    You -> Form 4 ($200) -> SOT FFL in PA.

    SOT FFL in PA -> Form 4 ($200) -> your buyer.

    Thanks for stating it so clearly.

    I (a Marylander) just purchased a MG from a PA FFL. I take from what you have said that I should expect the following:

    1st transfer is from PA FFL to MD FFL. Transfer will occur on a form 3. It will be a no-tax-stamp transfer. It should be fairly quick...whatever that means. Can you give me an idea how long the form 3 PA FFL to MD FFL transfer should take?

    2nd transfer is from MD FFL to me. The transfer will occur on a form 4. I will pay $200 for the tax stamp. Since the MG is going into a trust, that will take many months. I'll visit my MG in jail.
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    Thanks for stating it so clearly.

    No problem. This stuff is confusing!

    I (a Marylander) just purchased a MG from a PA FFL. I take from what you have said that I should expect the following:

    1st transfer is from PA FFL to MD FFL. Transfer will occur on a form 3. It will be a no-tax-stamp transfer. It should be fairly quick...whatever that means. Can you give me an idea how long the form 3 PA FFL to MD FFL transfer should take?

    That is correct. SOT FFL to SOT FFL transfers can be done tax free on a Form 3, which are now usually processing in a matter of days to a week or two I believe. (But don't quote me on that.)

    2nd transfer is from MD FFL to me. The transfer will occur on a form 4. I will pay $200 for the tax stamp. Since the MG is going into a trust, that will take many months. I'll visit my MG in jail.

    That is correct. Of course, it would take months regardless, though apparently lately trusts have been longer.
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,915
    Messages
    7,258,419
    Members
    33,348
    Latest member
    Eric_Hehl

    Latest threads

    Top Bottom