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What Form is that gun on? Again....

Posted By: Dan Shea
Date: 7/7/20 02:42

Yup, that same meaningless question coming up again from a potential customer.

Instead of many back and forths trying to ascertain what his FFL status is etc etc, I came up with this standard answer...

What Form is it on?
We are FFL holders, Type 10 DD/MG Mfg and Type 11 DD/MG importer, and SOT Class 2 Mfg and Class 1 Importer for over 40 years. The firearm is in our inventory.

An NFA firearm is never “On” a form, what matters is how it has to leave… if it leaves my inventory to another FFL/SOT, it will be using a tax exempt Form 3. If it leaves my inventory to a Nevada resident, or a C&R licensee anywhere in the US, it will be using a $200 tax paid Form 4. If it goes to a government agency, PD, LE, Museum, it will be using a tax exempt Form 5.
I think the question is “Will there be a $200 transfer tax to get it out of your possession so I would end up with two $200 transfer taxes when it transfers to and from my Class 3 dealer” and no, we’re FFL/SOT, so depending on your status, the above will apply. I hope this helps.

for BCRs...
I have firearms in my inventory that came into my inventory "On" Forms 1, 2, 3, 4, 5, and even some Form 10 guns in the past. it's much easier to ask if someone is an FFL/SOT or an individual, that will get a more sensible answer.
I have in the past had individuals balk at my explanation and say I'm overcomplicating things, but the fact is, an email out of the blue answering an add asking "What form is it on" doesn't give me anything to work with- you could be an individual, an FFL, an FFL/SOT, or gov contract LE group or?

Phoenix Defence

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