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Suppressors What is correct way to sell a suppressor?

XTREM HTR16

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  • Nov 19, 2011
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    Indiana
    Looking for correct way to do this.
    I have an unused TBAC suppressor that my co-worker wants to buy.
    I currently have it under my gun trust.
    How do I sell and transfer it to him so he can legally go through the ATF Form 4 process and purchase a tax stamp?
    Thanks!

     
    He just has to fill out the form 4 and pay the tax to the atf and wait inline like any other can transfer. Any other info will be outside of the atfs operations. They dont care if you take cash or check or pay sales tax or a receipt or anything, thats on your state comptroller but two individuals business isnt under their purview either . If its crossing statelines first you will need to form 3 it to a nfa dealer and then you can form 4 it from that dealer to him after. Dont give him pocession of the can until his form 4 has been approved.

    https://www.atf.gov/firearms/docs/at...ter-9/download
     
    ^^What he said.^^

    Once the stamp is approved, it will be sent to you (as the transferor) of the NFA item. At that point, you can deliver the item and the Form 4/stamp to the transferee.
     
    Couple other things to consider. If he is out of state it has to transfer to a dealer in the buyers state, then transfer to buyer making it a double stamp silencer ($400 atf tax). Also some guys will add said person to trust so they can take possession of said can while they wait on atf paperwork...then remove them after form 4 clears. This seems to be legal, I'm not a lawyer...so I would research it on your own first.
     
    ^^^ I doubt with the change in NFA rules July 2016 that you can just "add a person to your trust". Currently anyone included in a trust must be vetted as "a responsible person" by submitting their fingerprints, photo, etc and their "responsible person" paperwork that accompanies the trust application. I would believe that until such vetting has occurred said person desiring to be in the trust would be prohibited from possession of NFA items. I also assume that the timeline for vetting any "add-on" responsible person would begin their application process at the back of the line just like everyone else.

    Screen Shot 2017-12-08 at 11.27.54 AM.png
     
    Last edited:
    from the ATF FAQ:
    Q: Will new responsible persons, added after the making or transfer, be subject to the same requirements?

    A: Once an application has been approved, no documentation is required to be submitted to ATF when a new responsible person is added to a trust or legal entity. However, should a responsible person change after the application has been submitted, but before it is approved, the applicant or transferee must contact the NFA Branch for guidance.
     
    ^^^Thank you for the information. So, why would anyone submitting an application ever cite a "responsible person" initially ? It seems just like the CLEO form that is required to be sent to local agency that nobody sees or knows what to do with it.
     
    ^^^Thank you for the information. So, why would anyone submitting an application ever cite a "responsible person" initially ? It seems just like the CLEO form that is required to be sent to local agency that nobody sees or knows what to do with it.
    They list them initially because they are probably already in trust with multiple nfa items already.

    I submit the Cleo to the state police for all my buyers as the local PD in some areas just like you said has no clue, but also frequently is too nosey also. State is bombarded with forms and they just toss them in a drawer.