Quick Question For Form 4 Machine Gun Transfer

[3MTA3]

Just a quick question to clarify the transfer of a machine gun. My understanding is that a Form 4 with tax stamp is all that is required. Is there any circumstance where a 4473 is also required? This would be for a sale within Oregon.

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[hisokas]

Is the ATF 4473 Required to Pick Up a Silencer, SBR or Other ATF Form

After the ATF has approved your ATF Form 4 application and sent your tax stamp to your SOT dealer, you will then be able to pickup your NFA Firearm(s). The wait time to be approved by the ATF can vary from 7 to 11 months and in some cases might be approved sooner or later than that timeframe...

www.nationalguntrusts.com

 

[madmax]

Ive alway had to do a 4473 when a Dealer is involved. But not when its person to person in state. In same state s private sales will still require a 4473

 

[CountryGent]

From a licensed dealer you will need to complete a 4473. In Oregon they will also have to run a background check on an NFA item due to state, not federal, laws.

 

[3MTA3]

From a licensed dealer you will need to complete a 4473. In Oregon they will also have to run a background check on an NFA item due to state, not federal, laws.

What about from a private party? I assume the same due to Oregon laws unless it's to a close family member?

 

[3MTA3]

What about from a private party? I assume the same due to Oregon laws unless it's to a close family member?

And this opens a whole new can of worms: What if the form 4 gets the tax stamp, but then the NICS gets denied? Wonder what happens there? To the BATFE the buyer owns the firearm, but to Oregon the seller still owns it.

 

[madmax]

And this opens a whole new can of worms: What if the form 4 gets the tax stamp, but then the NICS gets denied? Wonder what happens there? To the BATFE the buyer owns the firearm, but to Oregon the seller still owns it.

Very unlikely to happen. Its a FBI background check after all. But possible

 

[User 1234]

The additional question is the number of tax stamps which must be purchased. If the FFL dealer is logging it into its books (because the dealer transfer is required by state law) then a Form 4 would likely be required from the private seller to the FFL. Form 3 not available because the transferor is not an SOT.

Then a second Form 4 from FFL to private buyer? Hopefully the ATF has published regulations (as opposed to a telephone call which provides no protection) to prevent the need for two stamps, and thus two delays, but it is something worth researching. I don't know the answer because I have not researched it.