Buying a “used” suppressor from private person

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If one were to buy a used suppressor from a private individual, another $200 transfer tax would have to paid again, but by the person buying the suppressor, and could not be transferred until it was approved? Would it have to go through a FFL? Is this correct or false?

If the FFL were to acquire it either as a trade in or a purchase, they would not have to pay the $200 transfer tax. but if they sell it the new owner would have to pay the $200 tax. Is this true or false?

If two people were on a gun trust, where either person was legally allowed to have the suppressor in their possession for use. Is their still one owner? Or is the suppressor said to be owned by both people?

Example.... person 1, buys and pays for the suppressor, sets up the gun trust. Pays for the gun trust. Then adds the second person (2) to that trust legally. At a later time, person 1 no longer wishes to be a part of the trust, and asks second person for money to cover the costs of the trust, suppressor, taxes, legal fee etc. even if this amount is more or less then what has actually been paid. To which person 2 agrees to pay.

Can person 1 be removed from trust? And does another $200 tax transfer fee have to be paid (by person 1 or 2) and if so does person 2 have to wait till approval to use and take possession of the suppressor?

Please let me know what I am correct or incorrect. Thanks
 
If one were to buy a used suppressor from a private individual, another $200 transfer tax would have to paid again, but by the person buying the suppressor, and could not be transferred until it was approved?
Correct. $200 tax. Cannot be transferred until the Form 4 is approved.


Would it have to go through a FFL? Is this correct or false?
Not required if an intrastate transfer. Interstate would require shipping to an FFL/SOT in the buyers state of residence....and that dealer would start the Form 4 to transfer to your buyer. Yeah, two Form 4's.


If the FFL were to acquire it either as a trade in or a purchase, they would not have to pay the $200 transfer tax. but if they sell it the new owner would have to pay the $200 tax. Is this true or false?
False. The only tax free transfers (Form 3's) are between FFL/SOT's. Selling to your local dealer/SOT would require a Form 4 and $200 tax.

If two people were on a gun trust, where either person was legally allowed to have the suppressor in their possession for use. Is their still one owner? Or is the suppressor said to be owned by both people?
A Form 4 is proof that the NFA tax was paid. It has nothing to do with "ownership".

Example.... person 1, buys and pays for the suppressor, sets up the gun trust. Pays for the gun trust. Then adds the second person (2) to that trust legally. At a later time, person 1 no longer wishes to be a part of the trust, and asks second person for money to cover the costs of the trust, suppressor, taxes, legal fee etc. even if this amount is more or less then what has actually been paid. To which person 2 agrees to pay.
As long as the trust allows removal of the original member, that seems perfectly fine.

Can person 1 be removed from trust? And does another $200 tax transfer fee have to be paid (by person 1 or 2) and if so does person 2 have to wait till approval to use and take possession of the suppressor?
If the Form 4 applicant is a trust or corporation, then the trust (and its members or responsible persons) or corporation is the lawful possessor. Another Form 4 is not required because the possessor has not changed.
 
The only tax free transfers (Form 3's) are between FFL/SOT's. Selling to your local dealer/SOT would require a Form 4 and $200 tax.

This is why there's very little secondary market for NFA items apart from machine guns; any interstate transfer cost $400 in taxes and can take up to 2 years. For the most part, you cannot make the deal sweet enough on a suppressor, SBR, etc. for the other buyer to wait twice as long.

Now, if it's intrastate, it's just one F4, one tax, one waiting period, so that's a different story.
 
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