Transfer Process
If you’re looking for the perfect guide on how to sell a machine gun, you’ve come to the right place. Transferring ownership of a machine gun is a regulated process governed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the United States. This article aims to provide a comprehensive guide to help individuals navigate the legal steps involved in acquiring, transferring, or selling a machine gun.
Understanding the National Firearms Act (NFA)
The National Firearms Act, enacted in 1934, regulates the ownership, transfer, and possession of certain firearms, including machine guns. To buy, sell, or transfer a machine gun, one must adhere to the guidelines set forth by the NFA.
Steps for Transferring Ownership of a Machine Gun
Ensure Eligibility
Verify that the buyer is legally eligible to own a machine gun. This includes being at least 21 years old, a U.S. citizen, and not having any disqualifying criminal convictions. If selling to an FFL/SOT, verify their license is current and that you are dealing with an authorized agent of the dealer.
Negotiate Price & Determine Payment Method
Determining the value of your machine gun can be difficult due to the rarity of machine guns and the relatively few sale price data points. There are two sets of data points to use – sold guns and guns for sale. For sold guns, machinegunpriceguide.com has data from machine gun sales by multiple dealers – this is good data, however there is no differentiation on condition or specific gun info. Looking at guns for sale can also be helpful, however machine gun prices are often negotiated, and many dealers inflate prices listed on their websites.
Once price is agreed upon, discuss payment method and structure. A 50/50 payment is the standard – 50% upfront, 50% upon transfer. Many non-FFL/SOT buyers will want to include conditions on gun function and/or a money back policy (especially if they are buying without seeing it in person). First draw up a contract stating payment amount, method, timing, who will complete/submit paperwork, who pays for tax stamp and any other necessary conditions (i.e. requiring all parties full participation in assisting with paperwork/transfer). The remainder is paid upon delivery of the approval tax stamp/official transfer of the machine gun. The gun cannot be given to the buyer until the approved stamp is in hand.
Choose a Transfer Method
There are two primary methods for transferring machine guns: to a trust or to individual.
1. Trust: Creating an NFA trust allows multiple individuals to possess and use the machine gun.
2. Individual: Transferring as an individual requires fingerprinting, photographs, and the notification of a Chief Law Enforcement Officer (CLEO).
The buyer will need to determine how they would like to proceed.
Complete the Appropriate Forms
The ATF Form 4, Application for Tax Paid Transfer and Registration of Firearm, is the primary document for transferring ownership of a machine gun. The form includes details about the firearm, buyer, and seller. Ensure all information is accurate and complete. This can be completed via paper or ATF eforms.
Pay the Required Transfer Tax
Along with the Form 4, a transfer tax of $200 must be submitted to the ATF. This fee is applicable for each transfer of a machine gun.
Submit Documentation
The completed Form 4, along with the transfer tax, should be sent to the ATF for processing. This can be done through the mail or online. Note that you must also submit a picture and fingerprints if the buyer is not an FFL/SOT.
Wait for Approval
The ATF reviews all applications thoroughly. The processing time can vary but typically takes months, sometimes over a year. During this period, it’s important to exercise patience. Transfers to FFLs/SOTs are typically a few months faster than transfers to individuals/trusts.
Receive Approval and Complete the Transfer
Once the ATF approves the transfer, the seller will receive the approved tax stamp via mail or email. Once the firearm/tax stamp are delivered to the buyer, the transaction is complete and the buyer can take possession of the machine gun.
Transferring ownership of a machine gun is a regulated process governed by the ATF and NFA guidelines. It is crucial to follow these steps meticulously to ensure compliance with federal law.
Selling to a FFL/SOT can streamline and expedite the process. Whether you sell to us, or another FFL/SOT, make sure they are reputable and have considerable experience. Beware of online shops that don’t have inventory and/or a long sales history.
An example of a typical timeline for a machine gun we buy:
- Seller contacts us about getting an offer on their machine gun, we setup a time for them to come in with the gun
- Our in-house gunsmith looks over the gun and test fires while our buyer verifies paperwork and researches value. Within 30 minutes we have an offer ready.
- Once price is agreed upon, we complete our standardized contract and the ATF paperwork, both parties sign and seller leaves with a signed copy and a check for 50% of agreed upon sale price
- We take care of submitting the paperwork and handling any issues that may arise. We submit over 1,000 form 4s a year and have a very low error rate
- Approved paperwork is mailed to the seller upon approval (which typically runs 2-3 months shorter than the average form 4 turnaround time). Once we get that from the seller, we take possession of the machine gun and pay out the last 50%
Selling A Machine Gun at Black Wing Shooting Center
If you have a machine gun you are considering selling, reach out and we would be happy to make you an offer! Call us at 740-363-7555 or email [email protected]. We are interested in buying any transferrable machine gun, recent purchased machine guns are:
- H&K MP5 Machine Gun
- H&K MP5 Fleming Sear Machine Gun
- H&K MP5 Ciener Sear Machine Gun
- SWD UZI Machine Gun
- X-RING Custom Daewoo AR15 Machine Gun
- X-RING Custom HK 93 Kit Machine Gun
- X-Ring Custom M2 Machine Gun
- Armi Jager AK-22 Machine Gun
- Stoeger Daewoo K-2 Machine Gun