If you have regular firearms and your state allows you to transfer them to an individual without going through a dealer, you can fill out the assignment form that we supply with the NFA firearms trust. On the other hand if your state requires other steps to give or sell a firearm to an individual you will still have to comply with your state’s laws when transferring the regular firearms into the NFA Trust.
With Title II firearms you have to deal with the same issues as above + the requirements under the NFA. If you are purchasing from :
1) an individual within your state, you can use the form 4 and no dealer is required on the federal level- unless your state would require a dealer to be involved with a regular firearm of the same type.
2) a dealer in your state, you can use the Form 4 and the dealer can fill out the documents.
3) a dealer in anther state, you must use a Class 3 SOT transfer agent within your state to take possession of the firearm, then they will act as a local dealer and follow the instructions in #2 above.
4) an individual in another state, you and the other individual must each use a Class 3 SOT transfer agent or dealer in your state. The two dealers can transfer the items between themselves with the proper documentation, and then you can pick up the item, upon approval from the ATF, from your in state dealer / transfer agent.
If you have questions regarding the NFA, Title II, Class 3, or Gun Trusts contact a Gun Trust Lawyer®