Buying an SBR from an Individual

[jbbear]

What is the process for buying an SBR from another GA resident?

I am new to the NFA world, and I have heard it is easier to setup a trust to transfer to.

Where do I start the transfer process?
The rifle has already been engraved, do I need to have additional engraving done? Or can I register it with the current engraving in place?

 

[greg vess]

I think you have to apply before taking possession. I would also think if you get caught you may indeed get reprimanded maybe as far as getting the weapon seized and possible loss of gun rights if caught by the feds.. I'm no lawyer on that and that's just right off the top of my head but somebody should be able to go further on it. I would not want it in my possession without the correct paperwork. I guess if you kept it at home under lock and key and no one ever saw it you might get by with it but that's not a good philosophy to live by as far as I'm concerned. It says that unregistered possession can result in 10 years imprisonment and up to a $10,000 fine or both. So I would get the paperwork in order before taking possession of the firearm. I would think when you take it to a gun dealer to transfer the firearm you let the dealer hold on to the firearm until the proper paperwork is in your possession. I think that would be the wise maneuver considering the consequences!

 

[greg vess]

I know that in Georgia it doesn't require that you take it to a dealer for a transfer but in this case it would be a wise decision. Owning one is a federally controlled firearm. We do have a fairly savvy lawyer on here I believe who is weighed in on these things a few times but I'm not sure if he's still on here. But I would think calling a firearms dealer and asking them would be your best bet.

 

[greg vess]

I just spoke to a gentleman here in Virginia that does those things and this is what he says has to happen. You should get with an attorney that's gun savvy and apply for a form 4 which sets up a trust. You cannot take possession of the firearm until you have the form 4 completed and the trust is set up. He did say it was a fairly complex situation and that an attorney involved would be a very smart thing to do. But you and the seller both have to be involved on the form for to set up that trust. That was my understanding of what he just told me.

At first I called one of the major dealers in the area that I buy from quite often and he says he doesn't do Private sales and the paperwork involved. He referred me to this guy that does this type of thing in the state of Virginia. Since it is a federally involved process I don't think the state would make the difference.

 

[steviesterno]

it's seldom worth it and still has to be done on paper. New owner can't take it till your stamp clears, so you have to trust the other guy to not flake and/or die in a car accident.

now if it was made by the individual, they can remove it from the registry by returning it to the original configuration, transfer it to you as a Title 1, then you Form 1 it.

 

[greg vess]

it's seldom worth it and still has to be done on paper. New owner can't take it till your stamp clears, so you have to trust the other guy to not flake and/or die in a car accident.

now if it was made by the individual, they can remove it from the registry by returning it to the original configuration, transfer it to you as a Title 1, then you Form 1 it.

That's is sound and excellent advice! Since it is an AR it's fairly easy to remove the handguard and the barrel. That way you keep the upper and lower and the fire control group stock and whatnot and only transfer the barrel when your stamp gets approved. That way if something does happen you're not at a total loss you just lost the barrel. If it's a good firearm with quality Parts then at least you have that saved. However if it's a short barrel rifle under that serial number then who knows what goes on there.

 

[rumrunner55]

Just a form 4 transfer, no additional engraving and it’s just a paper form 4 and $200…once it returns you then take possession

 

[Please Delete]

I just spoke to a gentleman here in Virginia that does those things and this is what he says has to happen. You should get with an attorney that's gun savvy and apply for a form 4 which sets up a trust. You cannot take possession of the firearm until you have the form 4 completed and the trust is set up. He did say it was a fairly complex situation and that an attorney involved would be a very smart thing to do. But you and the seller both have to be involved on the form for to set up that trust. That was my understanding of what he just told me.

At first I called one of the major dealers in the area that I buy from quite often and he says he doesn't do Private sales and the paperwork involved. He referred me to this guy that does this type of thing in the state of Virginia. Since it is a federally involved process I don't think the state would make the difference.

form 4. you don't need a trust or an attorney.

 

[greg vess]

form 4. you don't need a trust or an attorney.

That is what the gentleman that handles these things up here said. Just the everyday dealer up here can't deal with these private transfers. My life long friend just went through this and it seems like it took forever to get his on and new gun from a dealer.

Virginia has some strict laws up here but seeing it being another state it could be different. He did say the process is different if the seller and the buyer are from two different states. He just recommended a lawyer to make sure all the legalities are adhered by because the repercussions are extreme if all the T's aren't crossed and i's aren't dotted. It was just a recommendation.

 

[jbbear]

form 4. you don't need a trust or an attorney

Just a form 4 transfer, no additional engraving and it’s just a paper form 4 and $200…once it returns you then take possession

Thank you.

Straight to the ATF with a form 4 then?
No need to go through a class 3 dealer?

I don’t mind at all waiting on the seller until the form clears. Obviously it’s not something someone is just going to take possession of without the paperwork in hand first.