NEO's pre-sample?
Found this in ARFCOM while searching for another topic:
"Pre-sample" is generally only used to describe a machine gun. However, as it encompasses all NFA imported/reimported after November 1968, you can have things like pre-sample SBRs (I'm seeing a few Sig 55x pre-samples out there), suppressors (I'll see one from Europe every now and again), SBSes (I have a 14" Benelli M1 that was imported as a 14" model in my inventory right now), and destructive devices (a standalone 40mm HK AG-C/EGLM comes up every now and again). I haven't seen any pre-sample restricted AOWs, though this isn't to say that they don't exist.
The rule is that only SOTs, LE, and government agencies can have pre-sample restricted stuff. These items transfer without any additional garbage, though- no demonstration letters are needed to transfer once they're in country. (Getting them in country if they're not already here is a different animal, and I know little to nothing about the import process.) The cool thing for SOTs is that any pre-samples in inventory may be kept upon surrendering one's license. Future transfer, though, is tax-due (as you're no longer a licensee- it's free if you still have the SOT) and transfer is restricted to SOTs, LE, and government agencies.
Now, this is THEORY. It normally works, but occasionally ATF screws up and forgets to note the pre-sample restriction in the registry. In the case of that Benelli M1 above, it was part of a massive pile that came from a LE agency. They were all imported as 14" SBSes–– thus restricted as pre-samples. But since the restriction wasn't noted and the purchasing SOT was too lazy to look into their status, they were sold as normal transferable guns for $700+ each or so. Half a year later, ATF noticed their error and sent letters to all owners advising them of the error. All pending transfers were denied. Registered owners where the transfer already went through were given a choice- keep the gun but all future transfers were restricted as pre-samples OR ATF would reverse the transfer and refund the $200.00 transfer tax. IIRC most kept the gun, though there was some grumbling with the SOT regarding whether a price adjustment was appropriate. The dealer's existing stock was all declared pre-samples. I think he lost a lot of money on that deal, and I know he got a lot of ill will out of it.
Any how, I picked mine up for $300.00 on a tax-free F3 from another dealer who bought up some of the original dealer's now-presample stock. Can't beat a Benelli M1 14" for that!
This has also happened with MGs. In some cases, ATF never finds out and the owner has no clue either. Transfers just continue on and on with no one being the wiser. In other cases, ATF finds out gives the registered owner the same choice- keep it and it's a pre-sample or they'll reverse the transfer. I've yet to hear of anybody returning the MG, though I have heard owners ponder suing the seller for the difference in value. (I have never heard of any such suit going past the "bitch-about-it-at-the-bar" stage.) FWIW, ATF never gives an option when they discover it's a post-sample. The transfer is voided and the owner loses the gun.
