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Posted: 4/15/2024 8:13:55 PM EDT
Back in the day before Flats were available I built a bunch of MP5s from cut-up police trade-ins. I sold them all. Now I have the chance to buy one back. The problem is the Assault Weapon Registration has been pending since 12/5. The question is can this gun be transferred to an instate FFL? Yes I know I will never take possession of that gun in CT. The good news is I should be in TN at the beginning of 2025.
Link Posted: 4/18/2024 6:34:11 AM EDT
[#1]
Nothing yet!
Link Posted: 4/18/2024 9:58:24 AM EDT
[#2]
Originally Posted By remarcablearms:
Now I have the chance to buy one back. The problem is the Assault Weapon Registration has been pending since 12/5. The question is can this gun be transferred to an instate FFL?
View Quote

I'm confused. Not exactly sure what is transpiring here. But a CT resident cannot (unless exempted or allowed under one of the other one or two exemptions) take possession of, or buy a, assault weapon. Preban is no longer a thing since 6/6/23. While a CT resident can apparently transfer or sell their CT assault weapon to a CT FFL, that FFL cannot sell or transfer it to another CT resident who is not in the exempted class. A CT FFL could sell or ship a CT assault weapon they receive out of state.

Sec. 53-202b. Sale or transfer of assault weapon prohibited. Exemptions. Olympic pistols. Regulations. Class C felony.

(a)(1) Any person who, within this state, distributes, transports or imports into the state, keeps for sale, or offers or exposes for sale, or who gives any assault weapon, except as provided by sections 53-202a to 53-202k, inclusive, shall be guilty of a class C felony and shall be sentenced to a term of imprisonment of which two years may not be suspended or reduced by the court.
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If a firearm has been issued an assault weapon certificate of possession then the following applies within the state (revised statute link):
(b) (1) No assault weapon, as defined in subparagraph (A) of subdivision (1) of section 53-202a, possessed pursuant to a certificate of possession issued under this section may be sold or transferred on or after January 1, 1994, to any person within this state other than to a licensed gun dealer, as defined in subsection (f) of section 53-202f, or as provided in section 53-202e, or by bequest or intestate succession, or, upon the death of a testator or settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible to possess the assault weapon.

(2) No assault weapon, as defined in any provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a, possessed pursuant to a certificate of possession issued under this section may be sold or transferred on or after April 5, 2013, to any person within this state other than to a licensed gun dealer, as defined in subsection (f) of section 53-202f, or as provided in section 53-202e, or by bequest or intestate succession, or, upon the death of a testator or settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible to possess the assault weapon.

(3) No 2023 assault weapon possessed pursuant to a certificate of possession issued under this section may be sold or transferred on or after June 6, 2023, to any person within this state other than to a licensed gun dealer, or as provided in section 53-202e, or by bequest or intestate succession, or, upon the death of a testator or settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible to possess the assault weapon.
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Link Posted: 4/18/2024 11:08:18 AM EDT
[#3]
Yea lease let me clear it up.
A person has an NFA Registered SBR. It now needs to be a CT Assault Weapon. The Registration has been pending since Dec. The owner Now wants sell the gun. Can an NFA Dealer in CT take possession of this gun. Does he have to wait for the state to issue the Cert? Even further will ATF even do the transfer without the assault weapons cert. (only ATF will know for sure).
Link Posted: 4/18/2024 11:24:55 AM EDT
[Last Edit: sbhaven] [#4]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By remarcablearms:
Yea lease let me clear it up.
A person has an NFA Registered SBR. It now needs to be a CT Assault Weapon. The Registration has been pending since Dec. The owner Now wants sell the gun. Can an NFA Dealer in CT take possession of this gun. Does he have to wait for the state to issue the Cert? Even further will ATF even do the transfer without the assault weapons cert. (only ATF will know for sure).
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By remarcablearms:
Yea lease let me clear it up.
A person has an NFA Registered SBR. It now needs to be a CT Assault Weapon. The Registration has been pending since Dec. The owner Now wants sell the gun. Can an NFA Dealer in CT take possession of this gun. Does he have to wait for the state to issue the Cert? Even further will ATF even do the transfer without the assault weapons cert. (only ATF will know for sure).

Won't speak to the NFA stuff, but for the AW; that can be sold out of state (I assume even with the AW certificate pending). This is one of those times one should find a knowledgeable FFL and ask them how to proceed and or if they'll take in the firearm. This may be one of those cases where the stupid AWB statutes don't address what one is trying to do.

Edit to add: some additional language that may be relevant.

Sec. 53-202f. Transportation and transfer of assault weapon. Authorized actions of gun dealer, manufacturer, pawnbroker or consignment shop operator.

(2) Not later than April 30, 2024, any person who lawfully possessed a 2023 assault weapon on June 5, 2023, which was lawful under the provisions of sections 53-202a to 53-202k, inclusive, in effect on January 1, 2023, may transfer possession of the 2023 assault weapon to a licensed gun dealer within or outside of this state for sale outside of this state, and may transport the 2023 assault weapon to such dealer for the purpose of making such transfer, without obtaining a certificate of possession under section 53-202d.
Link Posted: 4/18/2024 11:31:11 AM EDT
[#5]
In theory the CT AW stuff doesn't matter.

1. It's a federally-registered SBR.
2. The seller transfers it to the dealer on a form 4. $200 tax stamp.
3. The seller transfers it to a dealer out of state (assuming the OP is the buyer) on a form 3. $0 NFA fees but probably FFL fees.
4. The receiving dealer accepts the SBR, organizes the transfer to the OP out of state on a form 4. $200 tax stamp.
5. OP receives his SBR out of state, CT doesn't give a shit because it left CT and it can't hurt anyone in the state.
Link Posted: 4/18/2024 9:23:45 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By sbhaven:

Won't speak to the NFA stuff, but for the AW; that can be sold out of state (I assume even with the AW certificate pending). This is one of those times one should find a knowledgeable FFL and ask them how to proceed and or if they'll take in the firearm. This may be one of those cases where the stupid AWB statutes don't address what one is trying to do.

Edit to add: some additional language that may be relevant.

Sec. 53-202f. Transportation and transfer of assault weapon. Authorized actions of gun dealer, manufacturer, pawnbroker or consignment shop operator.

View Quote

As usual I think you found the answer in your edit. That seems pretty clear from your addition.
THANKS
Link Posted: 4/19/2024 10:25:09 AM EDT
[#7]
If it's to be transferred to a CT FFL to then transfer to another FFL in another state...why does any CT law or existence/pending status of any CT Assault Weapons Certificate matter at all?
Link Posted: 4/19/2024 11:25:44 AM EDT
[#8]
Because ATF will check to ensure all CT laws are followed before they will do any NFA transfer.
Link Posted: 4/19/2024 4:30:31 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By remarcablearms:
Because ATF will check to ensure all CT laws are followed before they will do any NFA transfer.
View Quote


They're only going to do that if you're trying to transfer it within or into the state of CT, not out of it.
Link Posted: 4/19/2024 7:07:53 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MikeOD82:


They're only going to do that if you're trying to transfer it within or into the state of CT, not out of it.
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I was hoping to keep it in the state with a dealer friend so I can visit with it until I go south next year.
Link Posted: 4/20/2024 10:11:18 AM EDT
[#11]
There's no restrictions on what dealers in CT can have in their inventory. Only who they can transfer it to in the state.
Link Posted: 4/20/2024 7:54:05 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MikeOD82:
There's no restrictions on what dealers in CT can have in their inventory. Only who they can transfer it to in the state.
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Not quite right. A dealer can not accept any assault weapon without an assault weapon cert. Unless under certain specific conditions. One for example, is if somebody moves into CT with an assault the dealer can buy it. I don't know if that still is in effect nowadays or not. A CT dealer can not bring into his inventory any "assault" weapons even if they are for sale only out of state. A CT manufacturer can make and keep or sell anything his license will allow out of state.
Link Posted: 4/20/2024 9:26:49 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By remarcablearms:

Not quite right. A dealer can not accept any assault weapon without an assault weapon cert. Unless under certain specific conditions. One for example, is if somebody moves into CT with an assault the dealer can buy it. I don't know if that still is in effect nowadays or not. A CT dealer can not bring into his inventory any "assault" weapons even if they are for sale only out of state. A CT manufacturer can make and keep or sell anything his license will allow out of state.
View Quote

Explain all the dealers in CT who have had AR’s on the racks for “law enforcement and military only” then… those are assault weapons in the eyes of the state
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