Suppressors Buying a suppressor from a private individual in NC? How do I do it?

eugevita

Sergeant of the Hide
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Minuteman
Jun 10, 2020
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Greetings Folks!

I am in NC and would like to buy a suppressor from someone I know here in NC who is willing to sell me his used Larue tranquillo can (good deal for me, plus I have a larue rifle coming my way and it allows me to skip the insane wait for the same can if I order from Larue directly).

Question is how do I do this? Does NC have any weird laws that would prevent this from being done easily via a Form 4 that we complete together and send to the ATF? Transfer would be from the individual seller to my trust that I will setup.

As of now, I am planing to use the the silencershop $129.95 NFA trust if it would work for this situation but want to confirm that I am moving in the right direction before I purchase the trust. Appreciate any advice from those in the know!

Thank you in advance!
 
Not aware of any local laws nor am I familiar with Silencershop's trust.

Do know this: Seller will have to hold on to the suppressor until your Form 4 clears, so just be aware that he'll have your cash and suppressor for the next 10+ months. I would only do this sort of deal with a good friend or family.

An FFL/SOT is probably a safer bet just for the peace of mind.
 
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Greetings Folks!

I am in NC and would like to buy a suppressor from someone I know here in NC who is willing to sell me his used Larue tranquillo can (good deal for me, plus I have a larue rifle coming my way and it allows me to skip the insane wait for the same can if I order from Larue directly).

Question is how do I do this? Does NC have any weird laws that would prevent this from being done easily via a Form 4 that we complete together and send to the ATF? Transfer would be from the individual seller to my trust that I will setup.

As of now, I am planing to use the the silencershop $129.95 NFA trust if it would work for this situation but want to confirm that I am moving in the right direction before I purchase the trust. Appreciate any advice from those in the know!

Thank you in advance!
Nothing special in NC, in the middle of doing this with my daughter And she used the silencershop NFA trust . You will also need to fill out a form 5320, since you are using a trust. Silencer shop has a good write up on how to sell a silencer and we also got advice from local FFL. We are in the mountains.

agree with our comment about being careful buying from a stranger, they will have your money and the suppressor until your tax stamp arrives.
 
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Is it already on a trust? If so, you could potentially be assigned as a trustee of that trust and take possession of the suppressor while the new Form 4 clears. Depending on the trust, you could even theoretically bypass the Form 4 altogether through an amendment, although I'd recommend you discuss that with a lawyer. Could probably do so for a cost similar to your $200 tax stamp, and they'd likely do a free consult just to see if they could help you before you paid.
 
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Not aware of any local laws nor am I familiar with Silencershop's trust.

Do know this: Seller will have to hold on to the suppressor until your Form 4 clears, so just be aware that he'll have your cash and suppressor for the next 10+ months. I would only do this sort of deal with a good friend or family.

An FFL/SOT is probably a safer bet just for the peace of mind.
Only issue with this is two tax stamps unless the SOT will just hold it without actually putting on his books. But that is unlikely.
 
Nothing special in NC, in the middle of doing this with my daughter And she used the silencershop NFA trust . You will also need to fill out a form 5320, since you are using a trust. Silencer shop has a good write up on how to sell a silencer and we also got advice from local FFL. We are in the mountains.

agree with our comment about being careful buying from a stranger, they will have your money and the suppressor until your tax stamp arrives.
Thanks for the NC perspective! Did you also send the copy of the Form 4 and 5320 to your local PD? I think block 5 of the Form 4 requires this?
 
I can’t remember if it’s a county thing or state thing, but where I am in Wake County there is no requirement to notify the sherif for NFA items.
I don’t think this is accurate; the requirement to send a copy of the Form 4 and RPQ (5320.23) is a federal requirement, and is worded as such on the Form 4 instruction 2(f):

“Law Enforcement Notification. The transferee must provide a copy of the Form 4 to the chief law enforcement officer (CLEO) who has jurisdiction over the area of the transferee’s address shown in item 2a of the Form 4. In addition, if the transferee is other than an individual, a copy of the Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, completed by each responsible person must be provided to their respective chief law enforcement officer. The chief law enforcement officer is considered to be the Chief of Police; the Sheriff; the Head of the State Police, or a State or local district attorney or prosecutor.”
 
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I don’t think this is accurate; the requirement to send a copy of the Form 4 and RPQ (5320.23) is a federal requirement, and is worded as such on the Form 4 instruction 2(f):

“Law Enforcement Notification. The transferee must provide a copy of the Form 4 to the chief law enforcement officer (CLEO) who has jurisdiction over the area of the transferee’s address shown in item 2a of the Form 4. In addition, if the transferee is other than an individual, a copy of the Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, completed by each responsible person must be provided to their respective chief law enforcement officer. The chief law enforcement officer is considered to be the Chief of Police; the Sheriff; the Head of the State Police, or a State or local district attorney or prosecutor.”
So I just checked, it is still required to notify but they can’t impede the sale. The reason I’ve never done it because if u use the silencer shop kiosk, they do it for you.
 
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Intrastate - he can do a Form 4 directly to you. Interstate - it must go from him to a FFL /SOT in your state to transfer to you. For private sales - we encourage the recipient to use a 1/2 down payment - 1/2 final payment upon presentation of the stamp, suppressor, & transfer Form 4 ( encourages the seller to transfer the stamp/ paperwork in a timely manner ).
I saw some sort of on-line escrow service for the funds that might be useful in this type of situation - you might check that out. I would also agree to some level of seller compensation if you are denied ( for having his suppressor tied up for X amount of time ). Devil is always in the details.
Since both of you are in NC, it should be an easy transfer.
 
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