I’ve tried looking online but answers are cloudy on exactly what I’m looking for. I want to do this by the book so I don’t step in a pile inadvertently.

I have a 9mm smg I’m going to list on an auction site. After the inevitable sale and payment, what comes next? Do I ship immediately to the Class III dealer of choice? Can any FFL receive it? Do I hold it for months until their stamp clears? Any succinct information would be greatly appreciated.

quote:

Originally posted by gearhounds:
I’ve tried looking online but answers are cloudy on exactly what I’m looking for. I want to do this by the book so I don’t step in a pile inadvertently.

I have a 9mm smg I’m going to list on an auction site. After the inevitable sale and payment, what comes next? Do I ship immediately to the Class III dealer of choice? Can any FFL receive it? Do I hold it for months until their stamp clears? Any succinct information would be greatly appreciated.

A lot depends on whether you sell instate or out of state. If you sell instate, you hold onto the gun until you get a copy of the approved Form 4 to transfer it to the buyer. For out of state buyers, you have to ship it to a FFL in their state. Again, there will be a Form 4 to transfer from you to the dealer, but transfers to a FFL usually get approved pretty quick. The buyer would then have to do another Form 4 to transfer from the dealer to themselves, so it’s an extra $200 hit to the buyer, but you’re out of it at that point once you send to the dealer. Then, it’s just between the dealer and the buyer.

So I would immediately ship directly to an out of state FFL after they got approval? Do they have to pay the $200 transfer fee followed by a $200 transfer fee for the new owner? And any FFL can receive it, or must they be a Class III dealer? Do I have to do anything on my end with ATF as far as notification or once I ship it I just put my stamp in the safe as memorabilia?

quote:

Originally posted by Dwill104:

quote:

Originally posted by gearhounds:
I’ve tried looking online but answers are cloudy on exactly what I’m looking for. I want to do this by the book so I don’t step in a pile inadvertently.

I have a 9mm smg I’m going to list on an auction site. After the inevitable sale and payment, what comes next? Do I ship immediately to the Class III dealer of choice? Can any FFL receive it? Do I hold it for months until their stamp clears? Any succinct information would be greatly appreciated.

A lot depends on whether you sell instate or out of state. If you sell instate, you hold onto the gun until you get a copy of the approved Form 4 to transfer it to the buyer. For out of state buyers, you have to ship it to a FFL in their state. Again, there will be a Form 4 to transfer from you to the dealer, but transfers to a FFL usually get approved pretty quick. The buyer would then have to do another Form 4 to transfer from the dealer to themselves, so it’s an extra $200 hit to the buyer, but you’re out of it at that point once you send to the dealer. Then, it’s just between the dealer and the buyer.

to clarify just a bit,



typically, as mentioned, instate buyers of NFA just pay the $200., do the form 4 (prepare to wait close to a year for approval) and when approved, finish the transaction



if the buyer is out of state, it goes on a form 4 to the FFL/SOT on a form 4,
there is a tax due of $200,

these take usually less than 2 months,

then once the approval comes to you, you ship to the dealer,

use Registered Mail to ship,

make copies of the form 4 and keep a copy for your records, (as well as any invoice you generate and all shipping costs, tracking numbers etc)
MAKE SURE YOU INSURE AT FULL VALUE,


re payments,

industry standard, of sorts is 1/2 down on purchase, last 1/2 once approved,

chances are the buyer has done all this or at least done his homework and knows this,


not sure if WVA needs any other stuff done, if the buyer is from VA, remind them to register it (only if it is a MG) with the state as soon as they get it,
there is no cost, but it needs to be done

quote:

Originally posted by gearhounds:
So I would immediately ship directly to an out of state FFL after they got approval?

If not a Curio & Relic, you would ship to an FFL/SOT, not simply an FFL.
They would not get the approval, the approved tax stamp will be mailed to you and you would have paid the $200 when you sent the Form 4 to the ATF.
It is between you the seller and the buyer, to determine who pays the $200 out of state transfer tax stamp.
Typically the seller pays first tax stamp (out of state).
After receiving the approved tax stamp, you would send the gun along with the tax stamp to the FFL/SOT.

Hmmmm..... 2 months to transfer to FFL/SOT.
Is that the current time, sounds a bit short actually.
Might be closer to 3 months or even longer.
I would consider 3 months as short.

Is the 9mm SMG on the ATF’s Curio & Relic list?
Shipping a S&W 76 can go directly to someone with a C&R FFL there-by saving $200.
Shipping something like a M-11/Nine would require two transfer’s for out of state, so two tax stamps at $200 each.

Expect for the buyer to request “proof of life”.
Sending $7,000 on up to someone you don’t know for something that you will not see for a year can make one cautious. If the buyer seems skeptical or cautious, this should be expected.

I have requested to see a photo of the tax stamp along with gun showing s/n and something else I specify within the same photo, as proof of life. Also did a bit of internet sleuthing to make me comfortable.

Never trust what you see in forums as legal advice.
For NFA transfer rules view for yourself on the ATF’s website.
Before filling out a Form 4 or Personal History Questionnaire (PHQ) always download the latest version from the ATF’s website. In fact for any ATF form make sure you have the latest revision.

If you have questions after reviewing the ATF NFA Division website call the ATF.
Each time I have called they have been very helpful and surprisingly quick to pickup the phone.

State Laws come in to play as well. State Laws and Published Ordinances - Firearms (34th Edition)

This is a good site for buying and selling, Sturmgewehr.

This message has been edited. Last edited by: kimber1911,