In trying to understand the process maybe it’ll help others as well. Please feel free to make corrections if I’m missing something or if I start to sit on my shoulders.
Say I’ve decided to purchase an NFA item, which will require a Form 4. If I decided to alter an existing firearm that would make it an NFA item, I would have to submit a Form1.
I create a Revocable Living Trust and add an item of some sort to the Schedule A (description of property) to establish the Trust. Sign said forms in front of a Notary, yada, yada.
Pay for desired NFA item from FFL dealer who in turn completes required paperwork (Form 4).
Mail copy of Trust & Schedule A, Cert of Compliance and (1 or 2) copies of the Form 4. I’m guessing that 2 are needed, they keep one and send one back with the required stamp affixed?
When I receive the forms back from BATFE, I then retrieve my item(s) from the dealer and then amend Schedule A to reflect newly acquired toy.
Keep copy of Trust and Form 4 on hand when out and about with said NFA item.
I presume that subsequent NFA purchases will require their own Form 4’s describing what the item is, does that mean another 200 smackers for another stamp?
Feel free to make corrections/additions/deletions, just trying to wrap my head around the process.
And yes, each transfer is a $200 tax, which means that each new NFA item is another $200 stamp.
The only part you left out is if you buy an existing item out of state. In that case, there will be other paperwork involved, and possibly another $200 tax, depending on who you’re buying it from on the far end.
Basically any transfer is taxable and anything crossing state lines has to go to an FFL, just like a Title I firearm. However, if the transferor holds an FFL/SOT, their transfers are tax-free on a Form 3 (to an in-state FFL/SOT). If it is an “individual” (using the NFA definition of the word) then there would be a $200 tax and it would transfer to your FFL/SOT on a Form 4.
For “Any Other Weapons” (AOW’s), the tax is $5 to transfer one (Form 4) and $200 to make one (Form 1), but the process is otherwise the same.
Curio & Relic NFA items are a further special case, in that if you have a C&R License (03 FFL) you can transfer it directly to you, across state lines, in one step, no local FFL/SOT required. Yes, that means you can have a Thompson or BAR shipped right to your door after the paperwork clears.
When you complete the Form 1/4 be sure that it is either ATF’s double sided form or if you print it off line make sure that you print on both sides of a single page. The ATF will not accept a two-page form. It has to be one page, double sided. I, uh, know…this dude…uh…who did that and now he’s waiting to have it returned and then correct it and send it back. This…guy…is majorly PO’d at himself for making this stupid error. So, don’t do what I…I mean this dude…did.
