Suppressors NFA item transfers

[SRSDriver]

I know a guy who has a couple cans and an SBR, on a trust. He's probably going to make a very quick move to a non NFA state.

What can he do? I think he might just try to give the cans to a friend (proper transfer and new tax of course) but with the wait times, he might have to move before he could complete the transfer. I suggested he talk to his NFA attorney about either adding a friend as a trustee until he could complete the form4/sales/transfer, or seeing if his trust can somehow securely store the items in a safe in a free state.

On the SBR, can he remove it from the NFA registery and sell it like a regular lower? I think he doesn't want his name (engraved from the form 1) on it... Options here other than destruction?

 

[bengineer]

Re: NFA item transfers

Since questions like this always solicit answers from people who "know," give 304 616 4500 a call and describe the situation to the nice folks over at the NFA branch of the BATFE.

 

[dddoo7]

Re: NFA item transfers

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Q: If an individual is changing his or her State of residence and the individual’s application to transport the NFA firearm cannot be approved because of a prohibition in the new State, what options does a lawful possessor have?
NFA firearms may be left in a safe deposit box in his or her former State of residence. Also, the firearm could be left or stored in the former State of residence at the house of a friend or relative in a locked room or container to which only the registered owner has a key. The friend or relative should be supplied with a copy of the registration forms and a letter from the owner authorizing storage of the firearm at that location.</div></div>

Quoted From:

http://www.atf.gov/firearms/faq/national-firearms-act-firearms.html#alternate-storage

See Question Number 23

 

[dddoo7]

Re: NFA item transfers

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Q: What are the required transfer procedures for an individual who is not qualified as a manufacturer, importer, or dealer of NFA firearms?
ATF Form 4 (5320.4) must be completed, in duplicate. The transferor first completes the face of the form. The transferee completes the transferee’s certification on the reverse of the form and must have the “Law Enforcement Certification” completed by the chief law enforcement officer.

The transferee is to place, on each copy of the form, a 2-inch by 2-inch photograph of the transferee taken within the past year (proofs, group photographs or photocopies are unacceptable). The transferee’s address must be a street address, not a post office box. If there is no street address, specific directions to the residence must be included.

If State or local law requires a permit or license to purchase, possess, or receive NFA firearms, a copy of the transferee’s permit or license must accompany the application. A check or money order for $200 ($5 for transfer of “any other weapon”) shall be made payable to ATF by the transferor. All signatures on both copies must be in ink.

Fingerprints also must be submitted on FBI Form FD-258, in duplicate. Fingerprints must be taken by a person qualified to do so, and must be clear and classifiable. If wear or damage to the fingertips do not allow clear prints, and if the prints are taken by a law enforcement official, a statement on his or her official letterhead giving the reason why good prints are unobtainable should accompany the fingerprints.

Forward the completed application and appropriate tax payment to the Bureau of ATF, National Firearms Act Branch, P.O. Box 530298, Atlanta, GA 30353-0298.

Transfer of the NFA firearm may be made only upon approval of the ATF Form 4 by the NFA Branch. If the application is approved, the original of the form with the cancelled stamp affixed showing approval will be returned to the applicant. If the tax application is denied, the tax will be refunded.

Upon approval of the ATF Form 4, the transferor should transfer the firearm as soon as possible, since the firearm is now registered to the transferee.

[26 U.S.C. 5812, 27 CFR 479.84-86]</div></div>

Also Quoted from:

http://www.atf.gov/firearms/faq/national-firearms-act-firearms.html#transfer-procedure

See item number 16

 

[bachelorjack]

Re: NFA item transfers

Pretty sure he has to burn them and then flush the ashes....

 

[Solothurn]

Re: NFA item transfers

You may remove an SBR lower from the NFA registry by sending a letter to BATFE requesting to do so. Took me around 3 weeks to get a confirmation.

The only issue I had was potential buyers thinking I'd done something illegal by removing my trust information...

 

[bamawrx]

Re: NFA item transfers

He can sell the trust. Update ATF with amended trustee and your good to go.

 

[SRSDriver]

Re: NFA item transfers

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: bamawrx</div><div class="ubbcode-body">He can sell the trust. Update ATF with amended trustee and your good to go. </div></div>

This sounds like a great plan. I imagine the NFA lawyer that did the initial trust could probably help out.

 

[bamawrx]

Re: NFA item transfers

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: SRSDriver</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: bamawrx</div><div class="ubbcode-body">He can sell the trust. Update ATF with amended trustee and your good to go. </div></div>

This sounds like a great plan. I imagine the NFA lawyer that did the initial trust could probably help out. </div></div>

That is correct. Fast, easy, legal way to sell NFA stuff. In fact it is recommended to place investment weapons on unique trusts for this very reason.

 

[biffj]

Re: NFA item transfers

If the waiting time is an issue he can lock them up in a secure location until the transfer comes in. This can be a safe deposit box or even a safe in a gunshop or family/friends house where only he has the key or combo. In that way he is the only one in possession. He can sell the trust I guess...not sure on the legal ins and outs of that.
As for the short barreled rifle he can remove the short barrel and dispose of it than take the receiver wherever he wants as long as its legal there. He should notify ATF that its been removed from the purview of the NFA but he doesn't legally have to. It is pretty clear in the FAQ. Without the short barrel its not a short barreled rifle and even though you used the serial number of the receiver when you did the form one or form 4 it doesn't mean the receiver is registered. You cannot be arrested for having a receiver with a long barrel or a bare receiver. No short barrel, no need to register. Take off the short barrel and you have a receiver, not a short barreled rifle receiver. It takes both to make it NFA.

Frank