Results 951 to 960 of 1459
-
February 15th, 2023, 03:24 PM #951
Re: ATF Just Released Their Brace Ruling
You can sell the SBR one of two ways.
1. Form 4 transfer, tax paid, to someone else.
2. Modify the SBR so that it is no longer an SBR. Sell it as a pistol or rifle, as circumstances dictate. The new owner can keep it like that or once again file a Form 1 to make it an SBR.
Notes:
a. I have not seen a requirement to notify the ATF that you are making your SBR a non-NFA item to sell it, but most people do send them a letter to inform them a firearm is no longer an NFA item in their possession. I don't recall seeing anyone get a response.
b. In the past, the former SBR would have your NFA engraving on it, and this may or may not be an issue for a buyer. This aspect of selling your former SBR is not necessarily applicable with the pistol brace firearms that are being registered, as the engraving requirement has been waived for those SBRs. You do not have to get it engraved.
The above logic applies to short barrel shotguns and large bore destructive devices (remove the barrel and the receiver is just a receiver). A 105mm howitzer breach ring (no barrel) and an 81mm mortar cup (no barrel) transfer the same as a bare Anderson AR15 lower receiver.
It doesn't apply to machineguns. Probably doesn't apply to AOWs, maybe some, but I have no first hand AOW experience to speak of.
I am not a lawyer or an expert in anything except where to find the best wings in SW PA. These are just my currently held opinions.In America arms are free merchandise such that anyone who has the capital may make their houses into armories and their gardens into parks of artillery. - Ira Allen, 1796
-
February 15th, 2023, 04:34 PM #952Junior Member
- Join Date
- Dec 2022
- Location
-
Pittsburgh,
Pennsylvania
(Westmoreland County) - Posts
- 25
- Rep Power
- 0
Re: ATF Just Released Their Brace Ruling
Ok. so dummy this down for me. If I already have the firearm registered, I can then sell\transfer that firearm to someone else, and because I have already registered it, even though the fee was waived, the buyer does not have to pay an additional $200 tax?
When looking at the Form 4, item 1, "Type of Transfer", there is the $200 box, and the $5 box. So, if I have my "braced firearm" registered, the buyer need only complete the form and pay the $5?
And I have saved you in my "Friends" for a complete list of SWPA wing places.
-
February 15th, 2023, 04:40 PM #953
Re: ATF Just Released Their Brace Ruling
If you sell it as a sbr buyer pays 200.00 tax stamp.
If you take it off the registry and sell as a pistol or rifle, no tax stamp.
The 5.00 is a aow if not mistaken. If the gun was registered aow by you (200.00 tax stamp)
the buyer only pays 5.00 tax stamp.
Someone correct me if I'm wrong.FJB
-
February 15th, 2023, 04:48 PM #954Grand Member
- Join Date
- Aug 2009
- Location
-
bloomsburg,
Pennsylvania
(Columbia County) - Posts
- 1,605
- Rep Power
- 21474852
Re: ATF Just Released Their Brace Ruling
Keep in mind that if one sells a SBR to another they will still have to get an FFL to do a Pics check before the transfer. I suppose the Sherrif can do that too.
-
February 15th, 2023, 05:12 PM #955
-
February 15th, 2023, 05:59 PM #956
-
February 15th, 2023, 06:58 PM #957
Re: ATF Just Released Their Brace Ruling
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
-
February 15th, 2023, 08:35 PM #958Super Member
- Join Date
- Feb 2022
- Location
-
Under a mountain
- Posts
- 576
- Rep Power
- 21474839
Re: ATF Just Released Their Brace Ruling
The Pa definition of a firearm is
Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.
https://www.legis.state.pa.us/cfdocs...&div=0&chpt=61
Since a SBR has a barrel shorter than 16 inches it is considered a Firearm under Pa law which requires a PIC check for transfers.
Edit to add: here is a law firm talking about transfers in Pa. In part it says.
All Pennsylvania handgun transfers must be subjected to a PICS check, with the completion of a Form 4473 by the transferee of the handgun. However, PICS checks (and therefore ATF Form 4473s) are not required for long gun (i.e. rifles and shotguns) transfers in Pennsylvania (as long as the barrels are not shortened).
https://www.yourlawfirmforlife.com/i...ot%20shortened).
-
February 15th, 2023, 08:51 PM #959
Re: ATF Just Released Their Brace Ruling
"It seems that the Constitution is more or less guidelines than actual rules"
My feedback: http://forum.pafoa.org/showthread.php?t=305685
-
February 15th, 2023, 09:03 PM #960Super Member
- Join Date
- Feb 2022
- Location
-
Under a mountain
- Posts
- 576
- Rep Power
- 21474839
Similar Threads
-
ATF ruling......
By verbious in forum GunsmithingReplies: 25Last Post: January 4th, 2015, 10:52 PM
Bookmarks