Suppressors Silencer transfer legal question

[AdamJacksom]

Ok, so, obviously I know that legal advice offered on a public forum should be taken with a grain of salt, but, I'm just interested in getting a feel for the issue and see if it is even a possibility, which I am pretty sure it is. I have included some different possible scenarios, that is why the post is longer than it probably needs to be.

Parties involved;
- Person A; owner, and possessor, of a legally obtained and permitted firearm's silencer
- Person B; owner, and possessor, of a legally obtained, non-registered, pistol.


Preliminary Facts regarding the parties involved; <ul style="list-style-type: disc">[*] A - Parties are unaffiliated in any way[*] B - neither party has an FFL, nor any other firearm dealing license[*] C - both are legally able to own a gun[*] D - Both reside in the same U.S. State[*] E - Said State does not restrict, intrastate transactions of firearms between individual, private, residents legally able to obtain and own firearms[*] F - Said State allows individual, private, residents to purchase and possess firearm silencers [/list]

The issue:
Person A and Person B agree to a transaction of items:
- Person B will give his Pistol to Person A
- Person A will give his Silencer to Person B
(Basically, they want to swap and keep it legal)

1) Is this legally possible in this scenario?
2) If so, what is the general process for such a transaction? (I know it most likely varies from state to state, but is there common ground)
3) If the Preliminary Fact "D" was negated;
<ul style="list-style-type: disc">[*] a. would the scenario be changed in a way that it was no longer legally possible? would the scenario be changed in a way that it was no longer legally possible?[*] b. Is there a general process for such a transaction occurring across State lines?[/list]

Thanks in advance for any help offered. I will absolutely check my local laws and with local FFL holders regarding any actual transaction.

 

[762frmafr]

Re: Silencer transfer legal question

The suppressor must be transferred via a Form 4 and the $200 tax must be paid. Once this is accomplished you may do the trade. If the participants lived out of state, there would be 2 tax stamps. One to Form 4 it to an out of state dealer. The other to Form 4 it to the recipient.

 

[trophyhunter]

Re: Silencer transfer legal question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 762frmafr</div><div class="ubbcode-body">The suppressor must be transferred via a Form 4 and the $200 tax must be paid. Once this is accomplished you may do the trade. </div></div>

just to elaborate on this.. you must retain ownership of said suppressor till the approval of the Form4. Which in some cases is 3months but can be up to 9 months. Transfering the suppressor to him could lead to major legal problems.
I am not sure on the legality of you taking ownership of the firearm before completion of form 4473 and who is suppose to do that. it changes for every state, I'm guessing a FFL transfer.

 

[AdamJacksom]

Re: Silencer transfer legal question

thanks all

 

[johngfoster]

Re: Silencer transfer legal question

The pistol trade is fine. The problem lies with the transfer of the suppressor. No matter what the price agreed upon between the two parties, there is a tax of $200 and paperwork to be done in order for the change of ownership to be legal. And the new recipient can not legally own or possess the item unless they have the form with $200 stamp on it in their sweaty palms. And like mentioned already, the wait can be quite long to get the paperwork cleared through the BATFE.