If the transferor or transferee is a Federal Firearms licensee (FFL) under the GCA, the licensee’s complete name, trade name (if any), and address shall be entered in items 2a or 3a of this form, respectively. The seller would still need to hang on to it until that first form 4 is approved, with them being an FFL however that would kill any worry I had waiting on it to clear versus an individual.ĮTA: This is I believe the relevant section for your question for item 2a.įederal Firearms Licensees. As you said however, it would still need another form 4 for it to transfer to you personally. With you also having an FFL then yes it could transfer directly to your business on a form 4.
An FFL without an SOT can still transfer NFA items, but they are only able to do so with tax paid. In addition to being tax exempt the wait times for these transfers are very short. This is exactly what the name implies, and what allows SOT's to deal in NFA items without paying a transfer tax when transferring NFA items from one SOT to another via form 3, which is titled 'Application for Tax-Exempt Transfer of Firearm and Registration to Special Occupational Taxpayer'. The long answer is SOT = Special Occupational Taxpayer or what you reffered to as a 'class 3 dealer'. Also yes, the seller would maintain possession until the form 4 to your local dealer is approved.
That is what applies to your situation because the silencer is currently owned by a non-SOT, therefore it must be transferred on a form 4 (because it cannot be transferred via form 3) with the tax paid and is the reason that any FFL can be used, and is also the reason it has to be transferred twice with full $200 tax and associated wait times via form 4. An FFL without an SOT can still transfer NFA items, but they are only able to do so as tax paid.
The long answer is SOT = Special Occupational Taxpayer or what you referred to as a 'class 3 dealer'. The short answer as already said by is it needs to go form 4 from the seller to the dealer in your state, and then again on a form 4 from that dealer to you.
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