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Thread: NFA / Tax Stamp question

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    NFA / Tax Stamp question

    Question about NFA stuff:

    For silencers, obviously you need a tax stamp for each one and have to do a class 3 transfer. But for each silencer, if it breaks, or you sell it, is the tax stamp itself transferable, or re-usable, say you sell it off, do you retain the stamp for use on a future item or does it die when you transfer the item.

    I guess same for NFA wepons.

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    Another question, say the above question, the tax stamp is re-usable, say you buy a SBR, then sell it off, and want to use it on a different type of item like a silencer or SBS or something else. Is this permissable?

    Does anyone have a recommendation on a good lawyer who can write up the NFA trust documents at a reasonable price?

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    Gordon Law Firm Oldsmar. charged me $200

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    My GUESS is that you would lose it cause the gubment is involved

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    Quote Originally Posted by nipster View Post
    Another question, say the above question, the tax stamp is re-usable, say you buy a SBR, then sell it off, and want to use it on a different type of item like a silencer or SBS or something else. Is this permissable?

    Does anyone have a recommendation on a good lawyer who can write up the NFA trust documents at a reasonable price?
    Stamp is "attached" to the serialized part. You cannot reuse it.

    Brent Gordon is good, I used him for my trust. We had some back and forth via email to get exactly the language that I wanted.
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    Quote Originally Posted by Serbonze View Post
    Stamp is "attached" to the serialized part. You cannot reuse it.
    Ok, thanks that is exactly what I was looking for. I guess at $200 a pop, plus whatever the wait time is now, you would be best to have made some proper decisions ahead of time or some expensive regrets.

    Brent Gordon is good, I used him for my trust. We had some back and forth via email to get exactly the language that I wanted.
    Ok, that's 2 recommendations for this guy.

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    What is the wait time these days for the stamps, and how long after the trust is set up does it take to get validated or whatever by the ATF. When I got my C&R, it was only about 6 weeks, but that was a few years before all the current madness.

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    Registered User maxpower220 is on a distinguished road
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    Wait time is 4-6 months right now. From the time they get your paperwork. Their website documents all transactions and you will ship your stuff certified.

    Since suppressors are fairly cheap, the tax stamp makes it nearly impossible to sell used. Buy what you want the first time. Having a trust will allow you to list other "users" and will pass to a listed member on the trust if something happens to you. If not, it goes to probate, the govt gets it and destroys it.

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    To answer your first question, if you are getting into the world of the NFA you need to be sure you know what you are doing and do your research on both the laws and the items that you want to purchase.

    Once you contact the attorney to draw up the trust it can be anywhere from five minutes to several weeks to get the finished document. It dependis on how much you change or personalize it.

    If you are getting a suppressor that a local dealer does not currently have on hand, they need to transfer it from another dealer, manufacturer, distributor, etc via a Form 3. That has to go through the NFA branch and be approved. My last suppressor transfer from dealer to dealer took four weeks.

    Once your dealer gets the suppressor in, they send out a copy of your trust and a completed Form 4, certification, and a check to the NFA branch. Once the ATF gets your check, they cash it almost immediately. However, the clock does not start then. It only starts once your paperwork goes "pending". It's important to know the difference there, because my last two pending items took over a month. So for my last suppressor, that was two months just to get the paperwork to start the process.

    Current wait time for a Form 4 or Form 1 is 7-9 months after it goes pending.

    Quick recap:
    Cost of Suppressor
    Cost of Tax Stamp $200
    Cost of dealer transfer if needed ($50-$100)
    At this rate almost a year of your time

    The idea of an SBR or Suppressor is nice, but make sure you are really committed to taking the plunge and the legal responsibilites that go along with it. That being said, right at the top of the fun list was taking off my hearing protection (I was the only one at the range) and shooting my M&P 22 suppressed for the first time.

    If you decide to take the plunge, be sure to go through an FFL that has a range so you get conjugal visits.
    Last edited by Serbonze; 06-27-2013 at 01:13 PM. Reason: spelling
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    Yeah my trust took about 2 weeks . But I never had to go anywhere . All via email . He sent me a questionnaire and we went from there he also gives you a month after you get it to make any changes free of charge.

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    I used Gordon too. Don't go cheap on NFA stuff. Selling a used suppressor isn't really an option because of the time and money involved. So get good one the first time. I got the sparrow and osprey and couldn't be happier.
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    Gearheadjunkie has a video on his youtube channel completely walking through and explaining all the steps of purchasing a surpressor, you should check it out.
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    Damn I got to this thread late. Serbonze has it outlined great about 4 posts up.

    I'll just reiterate what has been said about buy once cry once. DO NOT CHEAP OUT ON A SUPPRESSOR! The technology is evolving so fast these days there might be another better model out by the time you are done with your 7 month wait. However this does not mean to wait for the next model, buy the best now and you'll be fine. If you cannot afford say a $700 pistol silencer and want the cheaper $500 one.....then save up for another month or two and buy the mackdaddy. You'll thank me later.

    On the wait time. Most of my buddies that shoot with me but bitch about the 7 month wait time have failed twice. Why? Because 7 months will always go by and at the end of it, I have a suppressor and they don't. They never fail to realize that time WILL go by so you might as well have a NFA item waiting for you.

    Remember this about tax stamps. Tax stamps represent a tax paid on a transfer of ownership. They are not transferrable. So say I sell you one of my used silencers, then you have to send out the paperwork and check for $200 to the ATF and I keep the can until your paperwork comes back to me with a tax stamp affixed on the form4 and then and only then is the can registered to you. But why would I sell a used can and throw away 6-7months time and my $200 stamp? That's why there is barely a used market on cans.

    Watch these:



    Good luck man!
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    Thanks, think we're done here

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    I'm having second thoughts on pulling the trigger on a can because I'm paranoid they will find something wrong with my trust.

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    I used Bob Howell. Don't be afraid to move forward with the process. If you didn't use a lawyer to draft one, have one look it over. Once you do this one time, you'll think wow, that was WAY too easy and I could have done this by myself. I decided it was better to be safe than sorry, and spent the money on a lawyer.
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    Quote Originally Posted by Shin180sx View Post
    I'm having second thoughts on pulling the trigger on a can because I'm paranoid they will find something wrong with my trust.
    Id rather know now then when someone else needs it to be right
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    Excellent point. If there's something wrong, just get it fixed.

    Also, consider who you use to transfer your NFA item. I know a LOT of people on this forum hate Shoot Straight, but when I did my NFA they allowed me to shoot it, for FREE on their range until I was able to take it home. That makes the wait a LOT shorter.

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    My NFA transfers go through Family Firearms. It's only $50.

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    Quote Originally Posted by creophus View Post
    Excellent point. If there's something wrong, just get it fixed.

    Also, consider who you use to transfer your NFA item. I know a LOT of people on this forum hate Shoot Straight, but when I did my NFA they allowed me to shoot it, for FREE on their range until I was able to take it home. That makes the wait a LOT shorter.
    I've already contacted FFA and they said I can shoot it whenever the hell I want as well during the wait for the Form 4.

    Quote Originally Posted by Serbonze View Post
    My NFA transfers go through Family Firearms. It's only $50.
    I would love to go to Marcos but FFA is 15 mins away from me whereas Family Firearms is almost an hour drive.
    Last edited by Shin180sx; 06-28-2013 at 11:33 AM.

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