Purchase of Machinegun by Nevada Resident and i am class 3 Arkansas Dealer

[Haris1]

Hello All:

I have a SOT and received a gun to transfer. I have done only one form 4 in 10 years-

All my dealings are on Form3 with other dealers



He gave me a drivers license from another state. His trust is registered here in my state

He is the only trustee in this trust . I dont
think I can transfer the machinegun to a Nevada resident - his trust is in arkansas
I am in Arkansas- Any thoughts on this?

Thanks in advance for any input



Thanks



Haris

 

[lonniejt]

You have an interesting dilemma. You would be transferring to a Trust in your State and if his other NFA is actually stored there, it would be "no harm, no foul"; however, when he picks up the approved Form 4 for his Trust and fills out the 4473, then it is "all stop, quit quiet" because his Driver's License is not "in state" and the Transfer would STOP at that point. I would call my local ATF, but if you take them down this road, I believe it is all go, till the 4473.

I am surprised his legal council has not advised to Amend the Trust to change it's "home address". If he still owns property in AR, then he could just get a Driver's License to match his Trust. Just my $.02.

 

[Jmacken37]

I'm not an attorney.
You are not transferring the firearm to the person who is the Nevada resident, but instead to the trust which has an address in Arkansas. Should not be any issues there.

 

[lonniejt]

The problem is that even transferring to a Trust, whoever on the Trust has to take possession of the NFA Item, and again, the "responsible party" has to fill out a Form 4473. The last phase of this process becomes the "problem".