Transfer of DD by C&R?

[Boiled Owl]

I have a 1944 vintage breech ring that I need to get transfered to me from out of state. Can this be done using my C&R? What steps do I need to take? I'm a NFA DD FNG!

 

[ryknoll3]

If it is a c&r you can transfer it direct to you on a tax paid form 4. No need for an SOT. You just put your FFL info in the box on the form. You and the seller complete the form. IIRC, you still need to do prints, pics and signoff, but it does not have to ship to SOT in your state.

 

[hotrodtba]

If it is a c&r you can transfer it direct to you on a tax paid form 4. No need for an SOT. You just put your FFL info in the box on the form. You and the seller complete the form. IIRC, you still need to do prints, pics and signoff, but it does not have to ship to SOT in your state.

This works for all C&R NFA items. I am hoping for a good deal on a C&R machine gun. How sweet would it be to get a machine gun delivered to your door!?!?

 

[Boiled Owl]

If it is a c&r you can transfer it direct to you on a tax paid form 4. No need for an SOT. You just put your FFL info in the box on the form. You and the seller complete the form. IIRC, you still need to do prints, pics and signoff, but it does not have to ship to SOT in your state.

If it is a C&R.....How is that determined, other than it being well over 50 years old and or being on the C&R list?

It is on a Form 4 now.

 

[ryknoll3]

If it is a C&R.....How is that determined, other than it being well over 50 years old and or being on the C&R list?

It is on a Form 4 now.

That's how it's determined.

From the horses mouth: (ATF website)

To be recognized as C&R items, 478.11 specifies that firearms must fall within one of the following categories:

Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms;
Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and
Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.
Firearms automatically attain C&R status when they are 50 years old. Any firearm that is at least 50 years old, and in its original configuration, would qualify as a C&R firearm. It is not necessary for such firearms to be listed in ATF’s C&R list. Therefore, ATF does not generally list firearms in the C&R publication by virtue of their age. However, if you wish for a classification of your particular firearm under categories (b) or (c) above and wish your item to be listed, you may submit the weapon to the Firearms Technology Branch (FTB) for a formal classification.

 

[Boiled Owl]

I understand what you're quoting.

Automatically C&R if over 50 years old. Which this item is. Then I should be able to get it transferred directly to me?

In other words, you own an NFA firearm and you had it for awhile, at some point you decide to sell it and low and behold it's over 50 years old. It's now a C&R item, it can now be transferred directly to a C&R FFL if desired?

Let me add this question: If the item, in this case a DD on a form 4 is it automatically C&R because of the 50 year old status? Or is there some change needed on the ATF records?

 

[ryknoll3]

I understand what you're quoting.

Automatically C&R if over 50 years old. Which this item is. Then I should be able to get it transferred directly to me?

In other words, you own an NFA firearm and you had it for awhile, at some point you decide to sell it and low and behold it's over 50 years old. It's now a C&R item, it can now be transferred directly to a C&R FFL if desired?

Let me add this question: If the item, in this case a DD on a form 4 is it automatically C&R because of the 50 year old status? Or is there some change needed on the ATF records?

It would depend on when it was originally Form 1'd or 2'd. If it was originally registered prior to 1961, then you would be good to go.

The only sticking point would be 1968 amnesty registrations. Then you'd probably have to be able to prove that it was made before 1961, or have it be on the C&R list, though perhaps they consider 1968 to be the mfg date and don't consider it a C&R yet. Anything that was manufactured before 1961 but registered after would be a conversion, which since it's not in it's original configuration, the 50 year clock would be reset to start at the paperwork approval date.

Make sense? If I was doing the transfer, I would send along a letter stating that the DD was at least 50 years old, and because of your C&R status, it was transferring directly to you.

The owner can do a FOIA request with the NFA to find out when it was originally registered, but that's going to take a while.

The worst-case scenario, they could deny that it is a C&R and then you would just have to transfer it to an FFL OR SOT in your state (because it's on a Form 4 and it would be 2 transfer taxes, it can go to ANY regular 01 or 07 FFL in your state).

 

[Boiled Owl]

Not sure about the amnesty registration. I do know that the M3 AT gun is specifically listed on the C&R list. Hopefully I can get this rolling!