View Full Version : Question on in-state Form 4
December 01, 2009, 22:34
I have a close friend that is getting a suppressor and he called to ask me a question about that transfer. As I am no expert on the subject I thought I would ask you guys.
He is getting a suppressor from one of his friends here in state and was looking for a class III dealer. He spoke with a local one and was told that he did not have to go through a dealer to do a transfer. Just that he had to file the paper work.
Is that correct? Can he file a form IV without transferring through a dealer?
Second, he thought of an interesting issue. Without going through a dealer when he receives his paper work does that make the other person illegally in possession of a suppressor?
December 02, 2009, 08:50
Dealers are required for interstate transfers (from one state to another)
but intrastate transfers only require approved form 4 from ATFE. The dealer is correct your friend just needs to do the paperwork (fed and any local) and finger print cards and send them off with a check for 200.00 to ATFE.
As far as legal possession, the original owner is the owner of record until after the approval of a new form 4 is complete and he his notified by the new owner and the item can be given to him.
Oh, and tell him to have patience - since Nobama came in things seem to have piled up/slowed down even further. Just a couple of examples from another board.
Just had a form 4 come back that was sent in late April of 2009. Approval date is October 27. Got it Nov 2. Sandy Snook is the examiner
Checked cashed 4/28, Called 10/29 and was told paperwork rec'd/logged on 6/11 (6 weeks after the check was cashed!) and currently pending, so I called my dealer who had the stamp on his desk Nov 3rd.
December 02, 2009, 09:21
That pretty much sums it up. Within state transfers are desirable because you avoid paying a transfer fee to a dealer ($100 in my neck of the woods) and if the item is on a form four, you only pay one $200 tax instead of two -- out of state form four means one $200 tax to get it to your in-state dealer on a form three and another $200 tax to go from your dealer to you on a form four.
That's why there is virtually no market for used silencers. Unless you can fins an in-state buyer for the silencer, it doesn't pass the benefit cost test.
December 30, 2009, 05:03
Also, You have to do the form 4 in duplicate and have two sets of finger print cards and two passport photos, One for each form 4. You can call your local Batfe office and they'll mail you the forms and finger print cards, Or you can down load them from Batfes website. Just make sure your friend can get the local Chief LEO to sign off on both form 4's. Also, A seller can cancel the deal and notify Batfe if something happens after the form 4's have been submitted or approved as in the buyer backs out or gets in some kind of legal trouble between the time the transfer is approved and the buyer can't legally accept the weapon or device.
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