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In state form 4 transfer

Posted: Thu Feb 06, 2014 12:36 am
by FA Gunner
Ok guys I haven't been able to find the answers that I am looking for.

Looking at buying a suppressor from another in state resident. One problem is that I am currently deployed and cant do this face to face. This will be a form 4 transfer from and individual to my trust. So here are the questions:

Can I have my father-in-law receive the can (he is a trustee of the trust)?
Can the seller mail the can in state once the Form 4 comes back approved (he is on the other side of the state and it is a long drive)?
Lastly can I do this Form 4 on E-file or can only dealers do form 4s on e-file?

Thanks

Re: In state form 4 transfer

Posted: Thu Feb 06, 2014 1:01 am
by Bendersquint
FA Gunner wrote: Can I have my father-in-law receive the can (he is a trustee of the trust)?
Yes so long as he is on the trust.
FA Gunner wrote:Can the seller mail the can in state once the Form 4 comes back approved (he is on the other side of the state and it is a long drive)?
No the current owner can not mail the can to you, there has to be a hand off of the silencer, ATF has only approved this for select SOT's only after a demonstrated continual need.

What state are you in?
FA Gunner wrote:Lastly can I do this Form 4 on E-file or can only dealers do form 4s on e-file?
Yes, you can have the seller transfer it to you via eForm4 since it is going to an entity.

Re: In state form 4 transfer

Posted: Thu Feb 06, 2014 1:39 am
by FA Gunner
Bendersquint, thanks. It's in Oklahoma. Been awhile since I did my last Form 4 and this would be the first person to person. Might end up passing on it since my FIL wont want to travel and doubt the seller will either.

Are the any good posts or links to how to use the E-file, never done it? Also going to get a Form 1 in for my next SBR (SCAR 16).

Re: In state form 4 transfer

Posted: Thu Feb 06, 2014 2:09 am
by Bendersquint
FA Gunner wrote:Bendersquint, thanks. It's in Oklahoma. Been awhile since I did my last Form 4 and this would be the first person to person. Might end up passing on it since my FIL wont want to travel and doubt the seller will either.

Are the any good posts or links to how to use the E-file, never done it? Also going to get a Form 1 in for my next SBR (SCAR 16).
I doubt that the ATF would approve a non face to face transfer in OK, it was quite a feat for some SOT's to get approval in TX! I know I can't get an approval for NC, they said its close enough to drive, convenience is not the concern of the ATF for sure.

I don't know of any guides for the Efile, its pretty self explanatory though. I don't think you will have any difficulties with it.

Re: In state form 4 transfer

Posted: Thu Feb 06, 2014 2:14 am
by telero
Can't do an eform where the transferor isn't an SOT at this time. The eform 4 can only select an item from the SOT inventory that is linked to their eform account when they sign up. An individual's registered items don't show up in the eform system.

Re: In state form 4 transfer

Posted: Thu Feb 06, 2014 2:15 am
by Bendersquint
telero wrote:Can't do an eform where the transferor isn't an SOT at this time. The eform 4 can only select an item from the SOT inventory that is linked to their eform account when they sign up. An individual's registered items don't show up in the eform system.
I have a customer that did it, I will give him a call and find out how he did it and report back.

Re: In state form 4 transfer

Posted: Thu Feb 06, 2014 2:45 am
by FA Gunner
Was looking at efile for a form 1 not the form 4. From what little research I've done so far I thought I could do the efile form 1, am I wrong on this? It's been 3 years since my last SBR build and I haven't stayed up on things.

Re: In state form 4 transfer

Posted: Thu Feb 06, 2014 10:20 am
by danb35
A legal entity (corp, LLC, trust) can submit an eForm 1, but an individual cannot. I'd understood that only SOTs could do eForm 4s, and then only when the transferee was a legal entity, but if Bender knows of a non-SOT who did I'd be interested to hear about it.

Re: In state form 4 transfer

Posted: Thu Feb 06, 2014 11:08 am
by telero
https://drive.google.com/file/d/0B24_bt ... gxUnhsWTlB
Page 8.
Can a non-FFL (individual, LLC, trust, etc.) submit an eForm 4 to transfer a firearm?

No. The eForms system is set up for an FFL who has paid the SOT to register. ATF will validate the license and special tax information and review the FFL’s NFA inventory before authorizing the FFL to use eForms

Re: In state form 4 transfer

Posted: Fri Feb 14, 2014 7:56 pm
by Garrett
Bendersquint wrote: No the current owner can not mail the can to you, there has to be a hand off of the silencer, ATF has only approved this for select SOT's only after a demonstrated continual need.
I think you are mistaken. For an in-state sale of any firearm (Title I or Title II) between two non-FFLs, I don't believe there is any federal requirement for the two to meet face-to-face.

You are confusing FFL regs with those that relate to individual non-FFLs. With the FFL, you have to fill out a 4473 with signatures, etc.

The feds don't generally get involved with in-state gun sales other than the NFA paperwork.