Armory Sponsor
Posted: 2/2/2016 3:08:06 PM EDT
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If I buy a suppressor from my neighbor, it is my understanding that he can fill out the form 4 and send it in to the ATF without going through an FFL. After the form 4 is approved and we do the actual transfer of the suppressor, how is form 4473 handled since he is not an FFL.
certexas |
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Quoted:
If I buy a suppressor from my neighbor, it is my understanding that he can fill out the form 4 and send it in to the ATF without going through an FFL. After the form 4 is approved and we do the actual transfer of the suppressor, how is form 4473 handled since he is not an FFL. certexas I'd recommend looking at a 4473. 
The very first item under NOTICES, INSTRUCTIONS AND DEFINITIONS says: Purpose of the Form: The information and certification on this form are designed so that a person licensed under 18 U.S.C. § 923 may determine if he or she may lawfully sell or deliver a firearm to the person identified in Section A, and to alert the buyer of certain restrictions on the receipt and possession of firearms. This form should only be used for sales or transfers where the seller is licensed under 18 U.S.C. § 923. The seller of a firearm must determine the lawfulness of the transaction and maintain proper records of the transaction. Consequently, the seller must be familiar with the provisions of 18 U.S.C. §§ 921-931 and the regulations in 27 CFR Part 478. In determining the lawfulness of the sale or delivery of a long gun (rifle or shotgun) to a resident of another State, the seller is presumed to know the applicable State laws and published ordinances in both the seller’s State and the buyer’s State. |
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I read the statement and it doesn't answer my question. The ATF has said it is legal for a person to sell the legal NFA item to another person of the same state. I still confused on the 4473 requirement.
certexas OK. I read it again. Is it saying that since we are in the same state, 4473 is not required. |
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Quoted:
I read the statement and it doesn't answer my question. The ATF has said it is legal for a person to sell the legal NFA item to another person of the same state. I still confused on the 4473 requirement. certexas OK. I read it again. Is it saying that since we are in the same state, 4473 is not required. 4473 is only used by FFLs. Even if your state required you to go through an FFL for any transfer, it would be done by an FFL conducting the private-party transfer, not by the non-FFLs involved. |
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Quoted:
OK. I read it again. Is it saying that since we are in the same state, 4473 is not required. What you missed is the part I highlighted in red. It's only a form for licensed dealers to use...that's why neither of you would use one (assuming it's being handled by you as individuals/entities). |
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