Form 4 person to person transfer

[G&ALLC]

Here is a question for any PA SOT holders. I have a customer who wants advice on transferring his SBR that's on a form four to another individual. Simple by the ATF they both get together and do the new form four, it gets approved and sent to the current owner he then delivers the new form four to the new owner and provides the firearm. Here's my question and problem, I contacted Pennsylvania Instant Check who tells me that it must be put on a pistol form per Pennsylvania law due to under 16" and under 26". It can't go on my books so therefore cannot be put on a SP4-113 to do that would be another transfer and $200 fee as its not a transfer with a waivable fee. PICS has no answer just saying that its a violation of the Sale or Transfer of Firearms not too. How are you guys getting it on a pistol form for someone so they are not a future felon? Thanks in advance.

[bogey1]

Sounds wrong to me. I transferred a machine gun pistol to a pa resident using a form 4 and he paid 200bucks, thats it.

[esh21167]

I (actually my trust) purchased a suppressor from an individual and I just filed the Form 4 and when it came back approved, he gave me the can. I would think the ATF/NFA approval of the Form 4 supersedes a PICS check.

[Nate7667]

You can still facilitate the person to person transfer as a non SOT. You are not taking possession, only as an Acquisition and then back out as a Deposition to private parties.

It is a weapon under 16" no matter what, it need transferred as a handgun in PA. If you're not comfortable, send them to the Sheriff's office and let them deal with it. Your FFL, your call.

As you stated, were it considered and actual transfer, it would be a $200 to you, then another $200 to the buyer. But thats not the case.

[G&ALLC]

Yeah that's illegal just so you know it requires a pistol form.

[G&ALLC]

That's how it works on the federal side person to person for a suppressor, you have no issues. An SBR however must be put on a pistol from because in PA its an illegal transfer if you don't since there's barrel length and overall length requirements under the PA crimes code relating to sale or transfer of firearms. That's my question but I believe I have the answer I needed.

[ExFlyinguy]

Very interesting topic. Correct me if I'm wrong but even as a SOT the only time a NFA transfers tax free is on a form 3 (SOT to SOT).

So it's pretty much cost prohibitive to transfer a SBR?

Look forward to any updates

[G&ALLC]

Typically on a form 3 to the FFL yes, every time it transfers it is $200. That's my question as the ATF is telling me that to put it on my books would be a transfer and require $200. PICS has confirmed that all NFA items with regard to weapons under 16" (rifle) 18" (shotgun), overall length under 26" must be on a pistol form. So I am trying to find out how other SOT dealers have handled this as its a first for me.

[GunLawyer001]

What would the FFL do if the transferee failed the PICS check?

[MD66948]

I have done interstate transfers without issues. Just send them the required forms and $200.00.