Another NFA C&R Form 4467 Question...

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needaclip
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Another NFA C&R Form 4467 Question...

Postby needaclip » Thu Jun 30, 2011 10:15 am

Hey Fellas,
I'm getting into uncharted territory with this one. Here's the scenario, I'm looking at purchasing a C&R eligible mortar from a non-licensed out of state individual. The owner has the original Form 4467 that he received when the mortar was registered during the amnesty. I'm in a DD friendly state so no worries there.

Can I transfer this mortar directly to my doorstep from the owner on a form 4? My plan was to get a copy of the 4467, fill out the form 4's mail them to the owner for signatures then back to me for submission. Am I off base here? I've never purchased anything that wasn't already on a form 4 and never from someone who wasn't a FFL holder of some type.

Thanks all

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Re: Another NFA C&R Form 4467 Question...

Postby JBaum » Thu Jun 30, 2011 7:01 pm

If YOU have a C&R license, it can be transferred directly to you with just one tax stamp. You save $200 that way, because you don't have to pay for the stamp to have it transferred to a dealer in your state, and then for another stamp to have it transferred to you.

If you don't have a C&R license, get one - $30 for 3 years. It takes about 2 months to get a C&R, then you can transfer anything on the list directly to yourself, including pistols and rifles..... you're good for whatever is on the list - MGs too. Apply now and wait till you get it to do the Form 4.
John@German<remove this>Manuals.com

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Re: Another NFA C&R Form 4467 Question...

Postby needaclip » Thu Jun 30, 2011 10:18 pm

Thanks jbaum, I should have specified that I am a 03 FFL holder. So I guess even though the device isn't currently on a F4 it still transfers the same. Good news!

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Re: Another NFA C&R Form 4467 Question...

Postby JBaum » Thu Jun 30, 2011 10:41 pm

Even with an 03 license, it would still be less trouble to have it transfer on a C&R..... less paperwork, and it's separated completely from the business that way. I know dealers with both licenses, and they always use the C&R license for personal transfers whenever possible. It just simplifies things.
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Re: Another NFA C&R Form 4467 Question...

Postby 42rocker » Thu Jun 30, 2011 10:50 pm

jbaum
Thanks for that info. Great to know.

Later 42rocker

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Re: Another NFA C&R Form 4467 Question...

Postby amafrank » Sat Jul 02, 2011 1:22 pm

One thing to be aware of is that guns are not on or attached to any particular form so while the last form used for that mortar is a 4467 its not "on" a 4467. The only thing that form tells you is that it is likely to transfer as C&R because it was registered in the amnesty. That thing could transfer with a form 4 or 5 and depending on who its coming from or to will use one form or the other. I know this may seem a bit nitpicky but guys frequently base ideas of a guns value or transferability on the last form it was transferred on. What you might not know is the form is only an indication of who it was transferred to or from. A class 3 dealer can buy pre-may dealer samples which he may keep after giving up his license. They may have transferred to him via a form 3 which is a dealer/dealer transfer form. When he gave up his license he was no longer qualified to transfer stuff using a form 3 so he is required to pay the tax and transfer the item out using a form 4 if its going to a dealer or civvie, or a form 5 if its transferring to a govt agency. If it transfers on a form 4 does that make it transferable??? The answer is no, just because it transferred on a form 4 doesn't make it transferable and thats one of the problems with looking at guns as if they were "on" forms.
In your case the type 03 collectors license should allow you to receive the mortar directly from the out of state seller because it was registered during the amnesty. It will transfer on a form 4 because you are not an heir or a govt agency, just a normal joe. Hope its a good piece....I love shooting my 60mm even though its not C&R.

Frank

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Re: Another NFA C&R Form 4467 Question...

Postby Blanksguy » Sat Jul 02, 2011 3:16 pm

..........."but".........

That particular "Mortar", has to be original, and listed as a "C&R" in either the "C&R-List"....or the up-dated part that BATF adds to awaiting to "up-date" the C&R List (Book).
IE: If the gun is not listed in the C&R List.......then you have to either have it added to the C&R List (to be able to transfer it to you on your C&R License)....or transfer it like you would through a local Class-III Dealer in your state.
Some additional information from the 4467 may help to determine who the manufacturer was/is........then to check the C&R List.

Regards, RichardS in MI.
US Army, Retired
Blanksguy2001@chartermi.net

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Re: Another NFA C&R Form 4467 Question...

Postby needaclip » Sat Jul 02, 2011 11:08 pm

Thanks for all the reply's fellas. As stated in my first post it's a C&R listed mortar and I'm a C&R FFL holder in a DD friendly state so it looks like everything is a go. Just need to get started on the paperwork and start the long wait.


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