Transferring a MAC 10 in-state question

[thompson4433]

I have a full auto 9mm MAC 10 in factory stock configuration that I would like to sell to a friend of mine.

The buyer and I both live in PA.

Per the federal law, I would need to transfer ownership to him on a Form 4 transfer, which will cost $200 for the stamp.

Is there any addition Pennsylvania law restriction?

The gun has a collapsible shoulder stock and a 5.5 inch barrel.

I looked over the PA gun law and I cannot figure out if there is any additio nal PA requirements for making the transfer.

Any help would be appreciated.

Thanks

[dunsho]

you'll need to have FFL that can do NFA items, like Kings. your friend got to do paperwork and wait.

[thompson4433]

you'll need to have FFL that can do NFA items, like Kings. your friend got to do paperwork and wait.

What exactly would kings be doing for me and why?


I gave my friend the NFA paperwork filled out with me as the seller and him as the buyer.

I'm waiting for him to get his LEO signoff and fingerprint cards done.

Then he'll submit the paperwork and $200 to ATF.

Some 6 months later I'll receive the stamped forms from ATF and give the gun and stamped form 4 to my friend.

Where does a dealer like King's come in? Run a NICs check?

[Nate7667]

The only thing you need a dealer for is the PICS/NICS check due to the weapon being classified as a handgun in PA.

[knight0334]

What exactly would kings be doing for me and why?


I gave my friend the NFA paperwork filled out with me as the seller and him as the buyer.

I'm waiting for him to get his LEO signoff and fingerprint cards done.

Then he'll submit the paperwork and $200 to ATF.

Some 6 months later I'll receive the stamped forms from ATF and give the gun and stamped form 4 to my friend.

Where does a dealer like King's come in? Run a NICs check?

To run a PICS check. Transferring a NFA device through the ATF doesn't get you out of the proper transfer with the PSP for PA defined "firearms".

If it's dimensions meet those of a PA "firearm" it still needs to go through a FFL for the PSP SP4-113 and PICS check.

[thompson4433]

To run a PICS check. Transferring a NFA device through the ATF doesn't get you out of the proper transfer with the PSP for PA defined "firearms".

If it's dimensions meet those of a PA "firearm" it still needs to go through a FFL for the PSP SP4-113 and PICS check.

But the gun shop is not involved in the federal transfer, correct?

I mean the federal tax form 4 paper still shows me as the seller and my friend as the buyer?

[knight0334]

But the gun shop is not involved in the federal transfer, correct?

I mean the federal tax form 4 paper still shows me as the seller and my friend as the buyer?

Yes, the form 4 will show you two on it for the purposes of the federal government.

However the form 4 doesn't alleviate you of the burden of a Pennsylvania transfer under Title 18, Chapter 61, Subsection 6111(c).

To get around 6111(c) you could install a barrel long enough to bring the gun out of the dimensions of a "firearm":

1. If the barrel is longer than 15" as a handgun, or
2. barrel longer than 16" and the overall length with stock is 26" as a rifle - it is no longer a "firearm" under PA law, thus not requiring a PA transfer.

[thompson4433]

I don't mean to mean to be dense, but ...

So I go to Kings and they runs the nics check and when I'm done I will have a copy of what PA form(s)?

I just want to be able to tell the gun shop exactly what I need done.

Would it be correct to say that the transfer needs to be done in the same manner as a handgun transfer?


I'm not trying top belabor the issue but I already talked to a couple of class III dealers and believe it or not they had no idea of this whole issue.

I guess it doesn't come up that often, or maybe it just gets overlooked so much nobody knows about it.

I actually took the time to read the law and it appeared that the MAC was a firearm under PA law because of the dimensions.