Repairing NFA weapons
As it is illegal for anyone to have possession of an NFA firearm that is not registered to them, getting the guns repaired, or worked on, can be a hassle. There are two choices: if the gunsmith is in the same state as the registered owner the owner can take the gun in, and wait while it is worked on. If the owner cannot wait, the gun must be transferred to the gunsmith, on a Form 5, and returned to the owner by filing a Form 5 to transfer possession back to the owner. If one wishes to have an out-of-state gunsmith work on the gun, even if the owner can wait with the gun, the owner must either transfer it to the gunsmith, or file the form 5320.20 to move it interstate to the gunsmith. One need not be an SOT to have NFA weapons transferred to him for repair. One does need to have a type 01 FFL to work as a gunsmith though. NY, in a fit of benevolence, allows licensed gunsmiths there to receive machine guns for repair, when machine gun possession there is otherwise limited to the police, and manufacturers with government contracts. When submitting a Form 5 for repair one checks the “Other” box in item 1, type of transfer, writes in “repair” next to the box, and submits a letter detailing (generally, e.g. “The purpose of this transfer is to have the [weapon] refinished.”) what is to be done. The back of the form, with the certifications and photograph need not be completed. The turnaround time on Form 5′s for this purpose seems to be at least a month, or a minimum wait of two months, to transfer it to the ‘smith and back. There is no transfer tax.
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