What does "I will pay first stamp" mean?

[nehalemguy]

On another site I saw a SBR HK 93 listed for sale. What does it mean when the seller says "I will pay the first stamp"?

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[HB of CJ]

SBR mean a short barrel rifle. NFA stuff. NFA meaning National Firarms Act of 1934. Might be 1932 also. I forget which. A SBR requires a $200 tax stamp for legal ownership. The process is a guy selling it would have to transfer it first to a Class 3 machine gun dealer.

That transfer costs $200 bucks. Then that Class 3 dealer transfers the SBR to the buyers Class 3 dealer. Two to four month wait? No cost there?? Then the receiving buyers Class 3 FFL dealer transfers the SBR to the end buyer. That costs $200 and a up to one year background check.

When the seller says he will pay the first $200 bucks from him to his Class 3 dealer it means he is willing to pay for the first transfer. You/he are splitting the NFA tax stamp expense. He pay $200. The buyer pays $200. Welcome to the madness of the NFA. Much fun!

All Oregon State Laws, US Code Laws And NFA Laws And All BATFE Rules Apply.

 

[wired]

Its an interstate transfer thing. Him to his dealer in his state $200, his dealer to your dealer tax free but someone is going to charge something, your dealer to you. Intrastate transfers are different in most cases but how Oregons BGC transfer laws affect NFA stuff I don't know.

Better off welding a long brake on it and taking it off the registry then you form 1 it ( again ) and pay one $200 fee but get the hardware a lot faster. Only SBR's that make sense to sell on the used market are HK's.

 

[nehalemguy]

Got it. Thanks wired.

So in the case of a suppressor from a private party it would be the same process....$200 tax on each end. Where as if I purchased one from a company like Silencer Shop, they would transfer tax free to my dealer, but I would have the $200 stamp on my end. Correct?

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[wired]

No. An in state private party transfer is a direct sale. Still $200 tax but you pay it once and don't have to go through a dealer. Still have to wait for the stamp though. Out of state yeah. 2 dealers, 2 stamps. REALLY not worth it .

 

[Member 34319]

No. An in state private party transfer is a direct sale. Still $200 tax but you pay it once and don't have to go through a dealer. Still have to wait for the stamp though. Out of state yeah. 2 dealers, 2 stamps. REALLY not worth it .

Also, most dealers will charge a decent transfer fee too. Not the typical 15-20 as a firearm transfer, I've seen them from 80-200.

 

[wired]

Most Ive evr paid in transfer fees is $50 and when I was a dealer I charged $50. Higher than that ...find another dealer.

 

[Member 34319]

Most Ive evr paid in transfer fees is $50 and when I was a dealer I charged $50. Higher than that ...find another dealer.

Good to know. Only time was years ago, I wasn't sure if competition has driven the price down.

 

[wired]

I understand a guys need to make a living selling guns but personally I'd rather support the kitchen table dealer who runs it as a side business.

 

[nehalemguy]

This also explains to me why I see sellers advertising that they will remove a SBR from the registry before transferring to a buyer's FFL. I'm guessing that there is no cost in removing a SBR from the registry, just notification to BATF.
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[HB of CJ]

I do not understand your last question. Once a SBR always a SBR. Tax stamp follows the gun. The only exception I am aware of is if a guy asks for and receives a tax stamp for a SBR or SBS project but the project is never done. The barrel is never cut.

In that case you can ask the BATFE to remove the project gun from the roles because the project was never completed. Then the BATFE will remove the gun from the NFA roles and refund your $200 bucks. This happened to me with a canceled SBS project.

Hope this helps. Welcome to the fun and madness of the NFA.

All Oregon State Laws, US Code Laws, NFA Laws and BATFE Rules Apply.

 

[nehalemguy]

A SBR can start it's life as a pistol, be built into a Form 1 SBR after approval, and then go back to a pistol.

You notify the BATF that you wish to remove the SBR from the registry after you turn it back to a pistol, which they will do.

Later, a new owner of the pistol can submit a new Form 1 and rebuild it back to a SBR. Box 4-k on Form 1 asks if the firearm is a new build or a reactivation.

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[wired]

Once a machinegun always a machinegun. SBRs have different rules.

 

[titsonritz]

All these stupid rules = shall not be infringed

 

[wired]

Reactivation is for dewats not sbrs.

 

[nehalemguy]

Reactivation is for dewats not sbrs.

OK...whats a dewat?

So if you submit a Form 1 for a pistol/rifle that was previously a SBR and later pulled from the registry, you submit a Form 1 as a "new" build?

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[wired]

A dewat is a deactivated war trophy. Back before the GCA you could bring in a machinegun captured in a theater of war and plug the barrel and do some other stuff and register it as a dewat and not pay the $200 tax. $200 in 1945 was a lot of money. In '68 they came up with the once a machinegun always a machinegun rule . They grandfathered in the old dewats though so if you have one with the paperwork you can reactivate the gun as a machinegun by paying the tax and filling out the forms.. There may still be a few dewats out there.

Yes, a SBR that is removed from the registry has to be form 1'd again . The fact that it once was an SBR has no bearing.

 

[nehalemguy]

Thanks again wired!

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[HB of CJ]

titsonritz ...

Thank you. My bad. I also forgot to say that if you have a registered SBR you can change the barrel to a legal length and then the receiver is an ordinary rifle. Complicated.

My Ruger SBR has the receiver on the tax stamp form. Engraved and stuff. However ... If I wanna it is quick and easy to mount one of my rifle length Ruger 10-22 barrels.

This turns the SBR into an ordinary rifle. I can also return the Ruger registered receiver back into a SBR by mounting any one of my short barrels. The tax stamp covers it.

I can run multiple short barrels in the receiver. The can requires another tax stamp. All of this is maximum non intelligent but there you have it. Lots of tax stamps. Silly but required.

If you think the SBR stuff is silly and complicated wait until you get a M2 Carbine. Crazy complicated rules.

All Oregon State Laws, US Code Laws, All NFA Laws And All BATFE Rules Apply. Wow!

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