NFA question

[1911_sfca]

For anyone who may be familiar with NFA law:

Our LEA wishes to dispose of some full-auto guns, via selling out of state. I am trying to understand the NFA law and how it relates to CA law so we can effect the transfer correctly under both fed and state law.

My understanding is that our LEA would fill out NFA Form 5, and transfer/ship to the out of state FFL, and then they would do a Form 4 to transfer to the individual.

Is there any CA state law that would require us to use a CA FFL intermediary, or can we simply ship these directly to an out of state FFL?

Separate question - is there a way to look up manufacturing date to see if a gun is pre-86 and can be sold to an individual under GCA?

Thanks for any guidance you can supply. I'll confirm with the relevant agencies if needed, but just wanted to educate myself first.

[hermosabeach]

My understanding is that pre 86 LEO class 3 can be sold to a class 3 dealer

Should the dealer retire his class 3, they can keep the pre 86 non tax stamp guns for their personal collection

I would suggest chatting with a class 3 dealer

[audiophil2]

Form 5 would cover the government entity to government entity. Not an FFL.
Form 3 is for FFL.

You have to figure out how the machine guns are currently registered. If they are already on form 5's then they will never go to a form 4 no matter how old they are. Look at paperwork married to the guns. If it has this printed anywhere or similar they are prohibited for normal folks ownership:

RESTRICTED REGISTRATION- POSSESION LIMITED TO CONTINUED COMPLIANCE WITH PROVISIONS OF PUBLIC LAW 99-308

The entity registered to the gun can do a FOIA request on the guns or contact NFA branch of ATF.

Pre-86 does not always work for MGs. It had to be registered with NFA prior to 86. You will not be able to form 4 a tommy gun that never got registered for civilian ownership.

I suggest you contact Frank Goepfert at midwest tactical.

https://www.atfmachinegun.com/sell