Form 3 vs. Form 4

So, in a hypothetical instance, if an NFA weapon is advertised as being "on a Form 3" (assuming it's not any sort of dealer sample) can it be transferred to an individual if the individual submits the proper paperwork (i.e. Form 4) to ATF?
 
Form 3 items

Transfer a Form 3 to an individual? Not necessarily a Form 3 is also used when a Foreign made NFA weapon (like a MP5 in select fire, not converted in the US) is transferred from a Dealer to a Dealer, or to a Government Agent (Fed, LEO,etc). This type of NFA weapon cannot be transferred to a Private Individual.
 
If a gun is listed on form 3 that means it is in dealer inventory and ready to transfer directs in an individual in the state of the dealer's license or transfer to a dealer tax free in the state of residence of the buyer so that dealer can transfer on form 4 to the buyer.

There are guns that transfer on form 3 only to other dealers but stating such in a for sale post would be silly since all dealer sample guns would transfer on a form 3 and that would be assumed.

If a gun is listed as on a form 4 the downside to that is is selling out of state the transfer tax is doubled. One tax to get it to a dealer one tax to get it to an individual both on form 4.
 
If a gun is listed as on a form 4 the downside to that is is selling out of state the transfer tax is doubled. One tax to get it to a dealer one tax to get it to an individual both on form 4.

So, in this case, if the weapon is owned by an individual and NOT in the inventory of a dealer, the individual must pay $200.00 to transfer it to an SOT3, who, presumably, will sell it to the purchaser who must pay another $200.00?
 
... if the weapon is owned by an individual and NOT in the inventory of a dealer, the individual must pay $200.00 to transfer it to an SOT3, who, presumably, will sell it to the purchaser who must pay another $200.00?

If the weapon is transfered in state there is no need for it to be transfered to a SOT3 prior to transferring to the buyer. If the transaction crosses state lines than yes, it would need to be transferred to a SOT3 (tax paid) then transferred to the buyer (tax paid).

joat
 
Back
Top