The Street Sweeper shotgun, a controversial firearm classified as a Destructive Device (DD) under the National Firearms Act (NFA), often sparks questions among gun enthusiasts, particularly when it comes to selling or transferring ownership. Recently, a user on an online forum, “GaGunner,” initiated a discussion seeking clarity on the process of selling their Street Sweeper. This article delves into the key aspects of that discussion, providing a comprehensive guide for anyone considering buying or selling this unique firearm.
Understanding the Street Sweeper as a Destructive Device
The primary point of contention and confusion often revolves around the Street Sweeper’s classification as a Destructive Device. Unlike standard shotguns, its design and capacity led to this designation by the ATF. This classification places it under stricter regulations compared to regular firearms, impacting its sale, transfer, and ownership.
Navigating the Legal Landscape of Selling a Street Sweeper
The forum thread highlights several crucial questions regarding the legalities of selling a Street Sweeper, primarily focusing on transfer taxes and dealer involvement.
Transfer Taxes and Dealer Requirements
One of GaGunner’s initial queries concerned a dealer suggesting they could purchase the Street Sweeper without a transfer tax. Forum experts clarified that this is generally incorrect. Transferring a registered NFA item, including a Destructive Device like the Street Sweeper, typically requires a transfer tax, regardless of whether the transaction is between individuals or involves a dealer.
However, there are nuances. As pointed out by forum member “mattnh,” a dealer with a Federal Firearms License (FFL), specifically a Type 01 FFL, cannot simply acquire a DD without proper procedure. To avoid the transfer tax when a dealer acquires it, the firearm would need to be removed from the NFA registry – essentially by dismantling it (removing the barrel, for example). The dealer could then potentially re-register it as a newly manufactured NFA item by filing a Form 1. This is a complex process and not a standard tax-free transfer.
Furthermore, “slimshady” brought up the critical distinction between FFL types. Dealing in Destructive Devices typically requires a Type 09 FFL, not just a standard Type 01 FFL which is common for general firearms dealers. While some exceptions might be granted by the ATF for occasional DD transfers by non-DD dealers, this is not guaranteed and should not be assumed. It was also emphasized that even when selling to a dealer with the correct SOT (Special Occupational Taxpayer status, needed for dealing NFA items), a transfer tax is still usually involved for the initial transfer to the dealer from a non-licensed individual. The SOT primarily facilitates tax-free transfers between licensed dealers.
In-State vs. Out-of-State Sales
The discussion also touched upon the differences between in-state and out-of-state sales. For in-state transfers, selling a Street Sweeper person-to-person is possible, but it must be done through a Form 4 transfer, just like any other NFA item. This involves ATF approval and payment of the transfer tax.
For out-of-state transfers, the process is more complicated. Generally, an out-of-state transfer of a DD must go to a Destructive Device dealer (Type 09 FFL). However, as GaGunner discovered through communication with the ATF, exceptions can be made. With ATF authorization (obtained via a letter), a transfer to a non-DD dealer out-of-state might be possible. The out-of-state dealer would typically need to request this permission from the ATF before taking possession of the Street Sweeper.
Market Value and Pricing Considerations
Another key aspect of GaGunner’s query was determining a fair market price for their Street Sweeper. Initial estimates ranged from $600 to $900, excluding the transfer tax. However, forum member “deadduck” pointed out that Street Sweeper prices had significantly increased, potentially reaching $1,200 to $1,500 or even higher, mirroring the price surge seen in other collectible firearms like the SPAS-12 shotgun.
“rchaisch” suggested setting a reserve price of at least $1,500 if selling on platforms like GunBroker, indicating a potentially strong market for these firearms, especially for those in good condition and with original accessories. The value is influenced by rarity, condition, and collector interest, as highlighted by “theduke” mentioning a .410 version listed at a high price.
Conclusion: Navigating the Complex World of DD Sales
Selling a Street Sweeper shotgun involves navigating a complex web of NFA regulations and market dynamics. The forum discussion underscores the importance of understanding Destructive Device classifications, proper transfer procedures (Form 4), dealer licensing requirements (Type 09 FFL), and current market values. While the Street Sweeper may be legally considered a Destructive Device, its unique history and design continue to generate interest among collectors and firearm enthusiasts, influencing its market price and making informed selling decisions crucial. As GaGunner concluded, owning a Street Sweeper serves as a “tangible reminder of the stupidity of ATF’s political decision making,” further adding to its niche appeal in the firearms world.
