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Legal Question Regarding Shortbarrel Saiga 12


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My brother owns a business that sells Saiga 12s and accessories and can give me a good deal on one. I was going to get a short barrel Saiga 12 built for myself. However I do not turn 21 for another 7 months. I spoke with a local class III FFL dealer and if I understood them correctly I am allowed to buy the Saiga 12 and have it made into a shortbarreled Saiga and pay my $200 taxstamp. I am not allowed to buy an already built shortbarreled class III saiga 12 though. Am I understanding this correctly? Can someone explain the law to me a little more clearly. I would appreciate it. thanks

 

 

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You can't take possession of an SBS without already having the stamped form in your hands.

 

So it goes like this: You pay for the gun, and the dealer sends in your paperwork with your fingerprints, pics, CLEO signoff, and $200 check. The dealer holds the gun.

 

When BATF returns your form with the stamp applied you can recieve the gun from the dealer.

 

It's similar if you shorten your own; you send in the forms/money, but you can't cut the barrel off until you get the stamped form back.

 

As far as your age is concerned, there has been a lot of debate about it and I can't advise you there. I can tell you for sure though, if you possess an NFA weapon without having the stamp from BATF you will commit a felony.

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There are two ways to get an NFA item: 1. Transfer an NFA item directly from a Class III dealer. 2. Buy a Title 1 version of the item, submit a Form 5320.1 submit it with your tax of $200 and wait for it to get approved. Then you can build your Title 1 Weapon into a Title 2 weapon.

 

To obtain a ready built SBS or SBR, you need to be 21 years of age per the BATFE. To build one, you just have to be old enough to buy the Title 1 item outright, (18 years of age to buy a shotgun.) You have no age requirement fo build an NFA item.

 

The only issue you need to keep in mind is the need to engrave your receiver with your Name, City, and State if you are going wtih a Form 1 as a personal build. The letters need to be 1/16" tall and .003" deep to satisfy the BATFE requirement.

 

If you can't depend on your Cheif Law Enforcement Officer to sign off on the Form 1, then you can form a Trust or a LLC. You would then register the weapon as an asset to the Trust or LLC, engrave the receiver with the Name of the Trust, Trust, or Company Name, LLC, City and State. The Same Tax applies, but no fingerprints or photos are required, since a Trust or LLC has no Face, or Fingers. :super:

Edited by rjrivero
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OP,

 

On the age stuff...

 

look here...

 

ojinok2,

 

A Form 4 is for transferring an NFA item. A From 1 is for manufacturing an item. If you sent your S-12 to a builder as is then they would do the necessary paperwork to manufacture it. They would then have to send it to a C3 dealer in your state. You would then had said dealer transfer it back to you on a Form 4. Or, you can apply for a Form 1 and get it approved. Once it's approved and back in your hands then you can send a copy of it, along with your gun, and have a builder completed it for you. Once built, the builder can send it directly back to you. If you got F1 route yourself then you will need to have your info engraved into the receiver instead of the builders...

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Good day to all. Concerning a form 4. If i send a gun to Tromix for work, does the form 4 have to be already applied for or is that paperwork Tromix completes.?

Thanks for the information.

 

 

Yes, Tony will fill out your F4 for you and provide the fingerprint cards. You still have to get the prints done by local law enforcement, have your "passport" pictures made and get the CLEO signoff.

Edited by BobAsh
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