No longer want my Zastava M92....how to sell it.

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  • lilop

    Marksman
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    18   0   0
    Oct 27, 2008
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    Indianapolis
    I have a Zastava M92 AK pistol that I bought in 2016. The electronic Form 1 (for a trust) was filed in 2016 (pre-41F), and approved in 2017. I never converted the pistol into SBR form, and it is still in its original configuration. I also never engraved it. I now no longer want it and would like to sell it. Is there anything that I need to do in order to sell it, or do I just list it as a normal pistol sale since it was never configured as an SBR? I have searched this forum and the internet, but I’m seeing conflicting information regarding notifying the ATF or not notifying them. Any info from the forum members would be greatly appreciated.
     

    ACC

    Master
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    133   0   1
    Mar 7, 2012
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    I am going to guess that since it has been registered as an SBR from being a pistol, that you can convert it back into a pistol with notification to the ATF. But I am not an NFA lawyer.
     

    shootersix

    Master
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    Mar 10, 2009
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    but I’m seeing conflicting information regarding notifying the ATF or not notifying them.

    not trying to sound like a smart ass...have you contacted the atf???

    everybody on every forum is an expert!!! just ask them...keyboard experts know everything...and sometimes they know enough to get you arrested!

    if it were me, i'd contact the atf (nfa branch) and ask them! get them to email you the correct thing to do!

    because heres the way I see it (and I might be wrong!) even thou you never engraved it, and you never converted to a sbr, if the serial number was ever run, AND it came back as an nfa item, the buyer might be arrested for possessing a nfa item, and you might be arrested for selling a class 3 item without the proper paperwork! (and my guess sued by the buyer!)

    BUT as I said...i'd contact (and get it in an email) to get their ruling on this! im not a lawyer!
     

    mcapo

    aka Bandit
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    10   0   0
    Mar 19, 2016
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    East of Hoosier45 - West of T-dogg
    You asked the ATF to convert it to an SBR. They said yes. Pretty sure that makes it an SBR.

    This definitely is a time to inform the ATF of what you did and did not do along with what you intend to do and follow their response to the letter.

    As shootersix pointed out, my only qualification in this matter is owning a keyboard.
     

    Beowulf

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    Mar 21, 2012
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    Having been through this several times, I can tell you with absolutely certainty that you don't really have to do anything, as long as it is in its original pistol configuration.

    The ATF requests that you notify them that you want it removed from the registry, but that is not a requirement. In fact, they make a pain in the ass to do so, since you used to be able to email them. Now you have to mail them a letter with the guns info, your info (or your trust) and notify them it has been returned to original configuration.

    But again, that is merely a request on the ATFs part. It is not required whatsoever.

    You can just sell the gun as is in a private sale or through a dealer, as you would with any normal pistol.
     

    Trigger Time

    Air guitar master
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    204   3   0
    Aug 26, 2011
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    Like beowolf and VUPD said. Its a pistol, sell it.
    Notifying ATF is a courtesy and up to you. Sad that you paid $200 for a permission stamp and never used it.
    Just confirming that this is 100% true and that I have spoken to the ATF about it myself and not just read about it on the internet.
     

    KJQ6945

    Grandmaster
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    4   0   0
    Aug 5, 2012
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    Huh....I guess that makes sense in a odd NFA kinda way. I always thought that you HAD to engrave the SBR - guess not. Learn something new everyday!

    This articles highlights this. Correct?

    https://www.thetruthaboutguns.com/do-you-need-to-engrave-your-form-1ed-sbr/
    Interesting article, but it doesn’t apply here. The op applied for a stamp, and was granted one. He never manufactured an NFA item, even though he had permission. The pistol, has always been a pistol.
     

    lilop

    Marksman
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    18   0   0
    Oct 27, 2008
    140
    34
    Indianapolis
    Just wanted to say I really appreciate the input from everyone who responded. Thanks for the help. Looks like I’ll be posting an M92 in the classifieds soon!
     

    Hop

    Grandmaster
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    16   0   0
    Jan 21, 2008
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    Indy
    I found a cached document from a 2A lawyer (original is gone but the interwebz is forever!). Fill this out and send to the ATF so some poor schmuck doesn't get into a bind if they also try to SBR this same serial number later.

    [h=1]BATFE Letter Requesting Removal of a SBR/SBS from the NFRTR[/h] Posted on March 25, 2009 by Joshua Prince, Esq.
    Below is a generic letter that can be sent to the BATFE when an individual wishes to convert a Title II firearm (short barreled shotgun or short barreled rifle) back into a Title 1 firearm. If you want a Word version of the below form, click here. You should send the letter certified mail and keep the receipt because even though the letter requests a confirmation, the BATFE is notorious for not responding.
    Director
    Bureau of Alcohol, Tobacco, Firearms and Explosives
    Attention: NFA Branch
    244 Needy Rd
    Martinsburg, WV 25405-9431
    RE: Removal of a SBR/SBS from the NFRTR
    To Whom It May Concern:
    I would like to advise the NFA Branch that a [Short Barreled Shotgun OR Short Barreled Rifle] previously registered by me on a Form 1 has been permanently returned to a Title I status firearm. I am respectfully requesting that the National Firearms Registration and Transfer Record (NFRTR) be modified to reflect this change in status. Lastly, I am sending this letter in duplicate and request that one copy be returned to me along with a letter stating that NFRTR has been modified to reflect the change in status.
    Name & location of original manufacturer: _____
    Type of firearm: _____
    Caliber, Gauge or Size: ___
    Model: ___
    Length of barrel: ____ (now returned to [x]”)
    Length overall: ____ (now [x]”)
    Serial number: ____
    Thanking you in advance, I am

    [Typed Name]
    Include:
    •Two Copies of this Letter
    • Previously Executed Form 1
     
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