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C&R and/or Trust?


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So my question is whether you can accept direct delivery via C&R license and incorporate this firearm into a trust or is that another tax stamp transfer even though it is to essentially yourself?

 

To put it another way, the advantage of a C&R in this instance is to forgo the FFL transfer fee ($30 to 250 depending) and the 4473 form. The advantage of the trust transfer is forgoing of the CLEO signoff (potentially major) hassle and fingerprinting fees etc. Also, under the trust you can list other people, enabling family to legally posses said item. I think I would rather go the route of the revocable trust in the interest of less hassles, but just wanted clarification on the issue.

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My initial response is that perhaps you need to check the list of what guns are eligible under C&R.

 

I would think the ATF stamp and FFl transfer is required for any FA/machine gun no matter how old it may be and therefore make a C&R irrelevant.

 

Someone with more specific info will probably clarify this

 

Good luck

 

Harv

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If you're referring to an original MP-40, you should be able to do the FFL transfer to yourself using the C&R license (since the original weapon is older than 50 years), BUT you will still need to do your Form 1 paperwork and transfer from an FFL01 with a Class 3 SOT to own it. I may be wrong, that's just my interpretation.

 

With NFA weapons there is no way for a regular citizen to get around doing the Form 1 paperwork.

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I don't know the answer to your question with any certainty, but I do know that a C&R holder living in a state where it is legal to possess NFA items can have C&R-eligible items transferred to him in interstate commerce. You do still have to do the Form 4 and wait on the transfer, but once it is complete the item can be shipped directly to you. My gut instinct tells me that you won't be able to transfer it to your trust using the C&R. I think that would require a second transfer/tax stamp, but I could be mistaken; best bet is to either call your ATF field office, or send a letter.

 

vbrtrmn - A form 1 is an application to make and register a firearm; this process requires a form 4, application for tax paid transfer and registration of firearm. Also, a C&R does allow the holder to receive eligible firearms in interstate commerce; no other FFL holder has to be involved in the process in any way, even in the transfer of NFA items. Further, the transfer of NFA items between residents of the same state does not require an FFL to perform a transfer. I just made an arrangement to purchase a short-barreled shotgun from a local police officer. The completed form 4 has been sent to the ATF. When it is returned approved, I can take possession of the weapon directly from him.

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