Recently in Form 4 - 5320.4 Transfer Category

December 11, 2014

Revisions to North Carolina and Gun Trust Transfers and Machine Gun Update Under the NFA

North Carolina NFA Trust and Gun Trust Update:

In Dec 2014, a Gun Trust transfer of a Machine Gun was rejected by the ATF when it stated "In Accordance with NC General Statute 14-409. Please remember that your Form 4 must state a reason other than for scientific and/or experimentation or "in accordance with 14-409" to comply with The January 11, 2013 email from Dana Pickles. We are in the process of verifying this and will update this blog if anything changes.

A recent email from Dana Pickles at the US Dept. Of Justice Bureau of ATF NFA Branch stated the following changes for North Carolina

Effective January 11 2013 the ATF is handling North Carolina transfers as follows:

Machine Gun transfers from a dealer to a dealer on a Form 3 no longer require a North Carolina Sheriff permission letter to possess the Machine Gun (MG)

From a Dealer to a Gun Trust using a Form 4.
If the Form 4 states that the MG is being "acquired for scientific research and/or experimentation" or "in accordance with 14-409", then you will still need North Carolina Sheriff permission letter to possess Machine Gun.

But, If the reason on your Form 4 states a reason OTHER than "in accordance with 14-409" or "for scientific and/or experimental use" then the North Carolina Machine Gun Letter or permission from the Sheriff is not required.

This means you should not state "in accordance with 14-409" or "for scientific and/or experimental use" on a Machine Gun transfer in the state of North Carolina

All other NFA transfers on a Form 4 - no longer require the reason to state "In accordance with 14-288.8" to approve the transfer.

October 30, 2014

Must / Should I carry a Copy of my ATF forms with the Firearm?

This is another one of those issues where the answer is not can you do but what should you do. Technically, you do not have to have a copy of your Form 1 or Form 4 for anyone other than the Attorney General, the ATF or an agent or investigator upon request.

Some recent case law has stated that a police officer is not an investigator or agent or the ATF and as such has no right to request to see your ATF form. I cannot believe the amount of money and or the risk that the individual took when a copy of the document on your cell phone or in your gun bag would have avoided the issue. In addition, there is nothing to state that a judge in your state or where you are asked for the paperwork would rule the same way.

The NFA requires that a person possessing a firearm registered in the National Firearms Registration and Transfer Record (NFRTR) retains proof of registration which must be made available to the Attorney General, specifically an ATF agent or investigator, upon request.

So the answer is you might not need to if you are willing to spend months and thousands of dollars should you be arrested, but the smart move would be to have a copy with you to avoid all the potential problems.

January 16, 2014

ATF Publisheds eForms 101 Instructions

ATF_Logo.jpgUsing an eForm to file your Form 1 or Form 4 can save several months processing time. We have seen that it can reduce the time from 9-12 months to 3-6 months. As we have outlined before, the ATFonline.gov website is not the easiest to use or understand and thus there have been many questions which ATF has attempted to address in this guide.

The Topics covered include:

How Do I Register To Use eForms?
FFL, EIN and AECA Associations
Password Complexity Rule Missing from eForms Registration Instructions
Navigating through eForms
Icons/Buttons/Symbols Used in eForms
Adding Attachments to eForms Submissions
Who Can Submit An eForm 1 Or eForm 4
eForm Down Everyday At NOON -1:00PM Eastern Time For Maintenance
Make Sure Your Submissions Are Correct
How to Identify the Applicant Maker or Transferee on an eForm 1, 4 or 5.
eForms Refund Processing
Identification of the maker or manufacturer of a firearm on Form 1
Payment of Making or Transfer Tax
Duplicate Applications in Your Draft Folder - Dont delete them
NFA - PDF issue with Form 4
Average Processing Times
What are those 'non eForms' records that appear in my folders?
Name Field Length Limitation Forms 1, 4 and 5
Use of P.O. Boxes

It's important to do electronic forms correctly the first time as there is not currently a way to fix a mistake or amend them like with the paper applications.

August 1, 2012

Form 4 Wait times expected to decrease

atf-logo.jpgThe ATF told attendees at the NSSF Import/Export conference that they had hired 12 temporary research assistants and a supervisor to review Form 4 and Form 1 applications for mistakes before the examiner gets them. (Reported by Joshua Prince at the Prince Law Firm a PA Gun Trust Attorney)

Back in April the backlog on Form 1 and Form 4 transfers was around 43000. The additional staff has almost doubled the number of transfers per month that the agency can handle. The ATF is also asking Congress to use part of the revenue generated to help update their antiquated systems as currently the taxes collected from the Form 4 and Form 1 applications is deposited into the Treasury's account where the ATF has no access.

Apparently if a FFL submits a Form 1 or Form 4, their applications are put in a special folder for special processing because the background of the FFL has already been checked.

May 2, 2012

Top 10 Questions & Answers from ATF

ATF receives numerous telephone and electronic inquiries on a daily basis. In an effort to provide individuals with the most up-to-date information, ATF has compiled a list of the top 10 most frequently asked questions and provided answers to those questions. Several of the questions deal with the manufacture, sale, use, and transfer of firearms subject to the NFA.

  1. Can a person prohibited by law from possessing a firearm acquire and use a black powder muzzle-loading firearm?
  2. May I lawfully transfer a firearm to a friend who resides in a different State?
  3. May I lawfully transfer a firearm to a resident of the same State in which I reside?
  4. How do I register my firearm or remove my name from a firearms registration?
  5. Does ATF issue a Concealed Carry Permit (CCP) that authorizes a person to carry a firearm throughout the United States?
  6. May I lawfully ship a firearm to myself in a different State?
  7. May I lawfully ship a firearm directly to an out-of-State licensee, or must I have a licensee in my State ship it to him? May the licensee return the firearm to me, even if the shipment is across State lines?
  8. I have been convicted of a felony. How do I reinstate my rights to possess a firearm?
  9. May I lawfully make a firearm for my own personal use, provided it is not being made for resale?
  10. I was the subject of a NICS check when I attempted to purchase a firearm from a FFL, and I received a delayed response or a denial. Please tell me why I did not receive a "proceed" response.

Please Download this document to review the answers to the Top 10 ATF questions Top 10 Frequently Asked Firearms Questions and Answers

NOTE: THE DOCUMENT BELOW ONLY DEALS WITH FEDERAL LAW AND YOU NEED TO LOOK AT YOUR STATE LAW TO SEE IF THERE ARE ADDITIONAL RESTRICTIONS- For example some states do not permit permit prohibited person to possess antique firearms even though it is permitted under Federal law

February 23, 2012

NFA Trust Question: I have heard about a one-time $500 Tax For Unlimited Silencer Transfers

First let me say there is no $500 one-time tax for unlimited transfers. There is a $500 yearly fee for a FFL to obtain a Class 3 SOT which allows them unlimited transfers for that year from other dealers for items owned by their FFL. This fee needs to be paid yearly and may be in addition to other fees necessary depending on what the FFL will be doing. If you are interested in setting up a FFL, please Contact Us as we can put you in touch with someone to help you create your FFL and have the systems necessary to not create problems with the BATFE. You can buy cheap products out there that will help create the FFL, but just because you create n FFL does not mean it will be done correctly and you will understand what your duties and responsibilities. Our package helps you protect yourself from unintentional violations.

In regards to personal ownership, it is unfortunate but you, your company, or your trust will need to pay $200 for each silencer you purchase.

July 22, 2011

Missouri (MO) What NFA Class 3 Firearms can I own?

NFA Class 3 firearms There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In Missouri you can own the following items that are regulated the the National Firearms Act

Machine Guns
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
Any Other Weapon (AOW)
Silencers
In Missouri you cannot own the following NFA restricted items.
Destructive Devices (DD)
Follow this link to find out more about Missouri and NFA restrictions on Class 3 Firearms

<strong>NOTE:</strong> Starting 8/28/2011 you will be able to use a NFA trust to purchase NFA firearms in Missouri without the need of a C & R, FFL, or use of a Corporation or LLC.
June 27, 2011

GEOGRAPHIC DISTRIBUTION OF NFA APPLICATIONS FOR PROCESSING BY ATF

The ATF National Firearms Act (NFA) Branch is pleased to announce that as of July 2011, ATF Forms 1, 2, 10 and ATF Form 5320.20 will be assigned to a legal instruments examiner for processing according to the State of the applicant's address. The NFA Branch also will begin assigning ATF Forms 3, ATF Form 4 and 9 applications to examiners by the State of the transferor's address. Applications already pending at the time of the change will continue to be processed by the examiner to whom they were previously assigned. Historically, applications in the NFA Branch have been assigned to legal instruments examiners alphabetically based on the name of the transferor or applicant. A chart showing the new assignment distribution is below.

The ATF expects this change in the assignment of applications to better enable NFA examiners to develop State law expertise and more knowledgeably and effectively respond to our customers during an era of unprecedented and ever increasing application volume. Please contact the NFA Branch at 304-616-4500 with any questions about this change.

NFA Examiner Assignment Distribution (effective July 2011)

  • Nicole Dudash -- IL, IN, OH, PA
  • Chris Farris -- AK, CT, MA, ME, MI, NH, RI, VT
  • Ann Feltner -- AZ, CA, NM, NV
  • Jason Frushour -- CO, MT, ND, SD, UT, WI, WY
  • Sara Jones -- LA, TX
  • Albert Lamberger -- AL, FL, TN
  • Dana Pickles -- DE, KY, MD, NC, NJ, NY, VA, WV
  • Suzanne Santamaria -- GA, SC
  • William Shipman -- AR, HI, IA, KS, MN, MO, MS, NE, OK
  • Sandra Snook --ID, OR, WA
Applications from the District Of Columbia and US Territories Will be Assigned to the Supervisory Legal Instruments Examiner
January 13, 2011

Purchase of Previously Manufactured NFA Firearm under a Form 1

sbr-silencer.jpgIf you are purchasing a Firearm that was previously manufactured under a Form 1 it may contain the engraving of the previous owner. Since this item was previously manufactured, you will be using an ATF Form 4 and not an ATF Form 1 to transfer this item and as such it will require no engraving on your part.

December 14, 2010

Thinking of a New SBR? Check out the AAC 300 BLACKOUT

Check out the new 300 AAC Blackout from Advanced Armament Corp.

Introducing the Advanced Armament Corp. 300 AAC BLACKOUT (300BLK). This system was developed to launch 30 caliber projectiles from the AR platform without a reduction in magazine capacity and compatible with the standard bolt.

Full power 123 grain ammunition matches the ballistics of the 7.62x39mm AK, has 37% more energy than 5.56mm M855, and 9% more than 6.8 SPC TAP 110. In fact, from a 9 inch barrel, the 300BLK has more muzzle energy than 5.56mm M855 from a 16 inch barrel. When 300 BLK is used in a 16 inch barrel, it has 23% more energy than 5.56mm M855 from a 16 inch barrel - with much higher-mass projectiles for a more dramatic effect on the target. Or choose subsonic cartridges for optimal use with a sound suppressor - 220 grain Sierra OTM (open-tip match) bullets vastly outperforms a 9mm MP5-SD in penetration and long range accuracy.

Due to the high efficiency of the cartridge, less powder is used than 5.56mm, which results in a rifle that is a comfortable to shoot - even with a short barrel.

Reloading dies available from Forster products, Reamers and headspace guages available from Pacific Tool and Gauge.

November 12, 2010

How Long Should My ATF Form 4 or Form 1 Approval Take

Generally we are hearing that it is taking 3-5 months from the time you submit your ATF forms for approval. A local gun store Shooters of Jacksonville told me they have two agents assigned because of the number of transfers they do. They stated that this means that ATF Form 4 applications that they sent in are processed faster than at other locations. While I do not know if this is true, I can state, that a recent Form 4 I submitted through Shooters only took 75 days from the date I signed it, until receiving the approved Form 4.

If you want to check on the status of your Form 4 or Form 1, you will need your serial number and to contact ATF.

National Firearms Act Branch,
Bureau of Alcohol, Tobacco, Firearms and Explosives
244 Needy Road, Suite 1250
Martinsburg, WV 25404
Tel 304-616-4500

April 22, 2010

SBR / SBS will be legal in Alabama on 7/5/2010- AL NFA Gun Trust Update

Alabama Governor Riley signed a bill into law making Short Barreled Riffles and Shotguns legal to own. The law was signed on 4/14/2010 and becomes effective on 7/5/2010. If you have a NFA Gun Trust, there is nothing you need to do, to be able to purchase these items after 7/5/2010.

This also means if you are going to travel to Alabama, you can use a Form 20 to bring your SBR or SBS to Alabama after the law goes into effect.

December 16, 2009

ATF Now wants Certification of Compliance with Trust

While ATF has previously stated that a certification of compliance is not necessary for trusts, they have now changed their mind or at lease in some cases. For this reason we are now recommending that you send in the 5330.20 with your Form 4 or Form 1 application to purchase or make a firearm restricted under the NFA.
We will create a sample Form 5330.20 to review. Here is a link to download a Certification of Compliance with 18 U.S.C. 922(g)(5)(B) ATF 5330.20

August 17, 2009

Update: - Free NFA Trust Form for Class 3, Title II purchases.

crime-tape.jpgI was contacted by the firearms dealer offering the Free downloads of the NFA trust and they have removed the links on their website. Since being contacted, by this dealer I have had reports of other dealers in Florida, Texas, Arizona, Utah, Nevada, and South Carolina who are offering Free trusts.  While I have not had a chance to review all of them, there have been several trusts that were not set up correctly and pose substantial risks to the clients, their spouses and families for Constructive possession of NFA firearms.

The question still remains as to what will happen to their clients and others who have downloaded the invalid trusts and submitted them to the ATF. Apparently the ATF has approved them. It should be noted that just because ATF approved a Form 4 or Form 1 Transfer, this does not mean you are legally able to possess the firearms. They are only approving the ability to transfer the NFA firearms to a legal entity described on the Form 4 or Form 1.

To read more on this topic see the original article Free NFA Trust Form for Class 3, Title II purchases.  This article was written by David M. Goldman a Jacksonville Estate Planning and Probate Lawyer at the Law Office of David M. Goldman PLLC  PLLC.

July 6, 2009

Form 4 Approval Times Appear to be Decreasing Again

Prior to November, the time to approve a Form 4 was less than 8 weeks. After November 20th, the number of people purchasing NFA items significantly increased and as a result the time to receive an approval on their ATF Form 4 or Form 1 increased to more than 6 months at their peak (26+ weeks).

Today I received a note from a client who obtained his approved Form 4 for his SBS only 59 days after submitting it to the BATFE. Hopefully this will be the norm and not the exception. Please let me know how long your Form 4 or Form 1 is taking for approval.