Can someone advise on the process to sale a suppressor privately between individuals. Specifically if we can use the new online system with the ATF. Both parties are texas residents so its not moving across state lines.
Suppressors Private suppressor sale
- Thread starter Texaslongshot
- Start date
No, you can’t use the eForm 4 capability. It’s limited to users who can input a valid FFL ID on the transferor (you) side. It would be a paper Form 4 from you to him directly without FFL involvement, one $200 stamp since you reside in the same state.
Interesting. I'm wondering if it can be amended to remove yourself from it as well at some point.
sounds like a massive loophole to me
If it's someone you don't know, you could always have a 3rd party handle the transfer (dealer). You sell it to the individual, he pays you in front of the dealer, you transfer the can from you to the dealer, then the dealer holds the can, and transfers it to the individual buying it until their Form 4 is approved. I'm sure the dealer will charge them a transfer fee, but hey, it's safer for you as the seller, as it left your hands when it became the dealer's property.
Wouldn't that make for another $200 transfer?
For the person buying it from the dealer when they submit their Form 4... It shouldn't charge the dealer $200 being that they're an FFL/SOT. But i'm not a dealer, and I've never sold a suppressor, so I have no idea. I know dealers transfer things on Form 3 amongst themselves all the time, so I don't think that costs $200 per item, or nobody would be selling suppressors, because there would be no money in it.
This isn’t really a question of trustworthiness on the buyer’s part, but on your part. Here’s how this transaction could work:
- Buyer pays you for the can and transfer;
- You [transferor] fill out the paper form 4 and sign in;
- Buyer [transferee] provides necessary paperwork for trust or individual and signs the form 4;
- You mail the form 4 per instructions;
- 12-15 months later you receive the completed form 4 and provide both it and the suppressor to the buyer. You do not provide the goods before officially receiving the transfer paperwork.
- Enjoy life.
Don’t do this…
You wouldn't be transferring it to the dealer if selling to someone in the same state.
From Silencer Central. https://www.silencercentral.com/blog/how-to-sell-your-suppressor/
"Selling your suppressor to a resident of your state is pretty straightforward. It’s essentially the same process you went through to buy it new, except that you hold onto the suppressor while the ATF processes the new buyer’s paperwork and takes their $200 for the required tax stamp. There is no dealer involvement in this process. Once everything is approved, the new Form 4 will be sent to you, the seller, and not the buyer. Once you have a Form 4 in hand, you can arrange with the new buyer to come and take possession of their new-to-them suppressor.
We mentioned above that you can sell your suppressor to someone who lives in another state, but the process is more involved. Unlike a same-state sale, you do not keep the suppressor in your possession while the paperwork is processed. Instead, you will need to transfer the silencer to your local (in state) FFL/SOT with a Form 4 and pay for the $200 tax stamp. (Yep, you get to pay for the privilege of selling something you already paid to own in the first place.) The FFL/SOT would then transfer the silencer to an FFL/SOT in the buyer’s state using a Form 3 (no fee here, because … reasons or something). Then, the buyer’s FFL/SOT transfers the silencer to them on a Form 4 with a $200 tax stamp.
Selling your suppressor to a resident of your state is pretty straightforward. It’s essentially the same process you went through to buy it new, except that you hold onto the suppressor while the ATF processes the new buyer’s paperwork and takes their $200 for the required tax stamp. There is no dealer involvement in this process. Once everything is approved, the new Form 4 will be sent to you, the seller, and not the buyer. Once you have a Form 4 in hand, you can arrange with the new buyer to come and take possession of their new-to-them suppressor.
We mentioned above that you can sell your suppressor to someone who lives in another state, but the process is more involved. Unlike a same-state sale, you do not keep the suppressor in your possession while the paperwork is processed. Instead, you will need to transfer the silencer to your local (in state) FFL/SOT with a Form 4 and pay for the $200 tax stamp. (Yep, you get to pay for the privilege of selling something you already paid to own in the first place.) The FFL/SOT would then transfer the silencer to an FFL/SOT in the buyer’s state using a Form 3 (no fee here, because … reasons or something). Then, the buyer’s FFL/SOT transfers the silencer to them on a Form 4 with a $200 tax stamp."
Individual to individual, sure.
FuhQ was saying to have a dealer hold the can while the stamp is pending for the new owner. My question was, can the dealer hold an item that's not on their books as a third party of a transfer.
They can’t. NFA rules are very specific about possession.
In escrow, yes.
Honestly man the best thing to do with a suppressor you don't want/need is to just build a gun around it and stash it somewhere handy.
Unless you singleshotted it and want to give it to a family member or one you trust as such.
Yes this is all unjust etc etc.
Unless you singleshotted it and want to give it to a family member or one you trust as such.
Yes this is all unjust etc etc.
That’s not what I was saying…. Don’t put words in my mouth.
I was referencing letting a dealer be the middle-man. Transferring it to the dealer, then letting the dealer transfer it to the individual. I never once said anything about “off the books”.
Exactly…
Sho nuff, my bad. I was reading it wrong when you said transfer to the dealer without paying for a new stamp.
Fact still remains, the only way to have a middle man is to double your wait time and double your tax stamps. Unless it's a rare suppressor or one hell of a deal, it's normally not worth it.
Exactly
Selling in state doesn't sound too bad, it's more of a risk for the buyer in that it's tough to be certain the guy that has your money and your can (if not escrowed) will still be easily found in a year lots of changes can happen in that time. The seller doesn't have it too bad in that scenario. I thought of selling one in this manner but I can't imagine that'd be an attractive option for a buyer unless they're getting a very good price or they know you.
This makes sense. is there a legal requirement that would have to take his money before the transfer. could you not just wait exchange money and can once the stamp comes back?
What happens if they dont want to pay you then once the can is now officially in their name?
Once the stamp comes back, it is his according to the law- regardless of whether money has changed hands...
Yes definitely would not proceed (from seller's pov) without funds I don't care how unjust it may seem. You can be sure there aren't any dealers giving out serial numbers and doing transfer paperwork without being paid first.
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