Recently in Form 4 - 5320.4 Transfer Category

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 Apple Law Firm  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.

June 5, 2009

Form 4 Approval Times Appear to be Decreasing

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).

Good news as I have recently heard from several of our clients that the Approval process is beginning to shorten.  Last week I heard from a client who stated that his NFA Firearms Trust approval time was between 4 and 5 months. 
May 22, 2009

BATFE seeks to seize NFA firearms from an Invalid Quicken Trust

Joshua Prince alerted me to a blog post on a developing situation he ran across on Subguns where an individual used Quicken to attempt to create a trust for NFA purposes.  Unfortunately the BATFE has now decided that his Quicken trust was invalid and is seeking to seize his MAC-11 and Silencer.  He could also be subject to a prison sentence of 10 years and $250,000 in fines.

This is a very unfortunate situation that could cost the individual severely. Its important to remember that just because the ATF approves your transfer, it does not mean that you are legally in possession.  This is the second situation involving invalid trusts and the ATF that we have seen this month. It looks like the ATF is beginning to look more closely at the trust documents they are receiving.

If you created a trust for NFA purchases in Quicken, Legal Zoom, or used another generic trust that was not reviewed before buy a lawyer before submitting it to the BATFE, you should contact a NFA trust attorney to review your trust for validity.  If you need help finding a local NFA Trust Lawyer we can help.  We work with attorneys in more than 40 states including Florida Gun Trust Lawyer®s and South Carolina NFA lawyers to help review and create valid NFA trusts.

Note: At this time the link to the subguns has been taken down because of questions.  We believe this posting is authentic based upon correspondence with the individual but will update this post as the situation and our agreement with the individual (if any) allows.

Note: We have verified that the claims by the individual are true and they have been resolved by a Gun Trust Lawyer® (see the May 26th posting for more details).
December 27, 2008

Thompson Machine Gun Wanted

I have a client who is looking to purchase a Thompson Machine Gun in Florida.  If you are not in Florida, there is a local transfer agent willing to help out.  If you have one for sale or know of one at a good price please let us know.
October 1, 2008

How to Fill out an ATF FORM 4 For NFA Class 3 Purchases

Many People have asked, How to fill out a form 4 when making class 3 purchases.  Because of this, we have added a page on this topic.  Please see

How to Fill out an ATF FORM 4 For NFA Class 3 Purchases


If you need help forming a trust, please Contact to find a Gun Trust Lawyer® in Your State.


September 15, 2008

ATF requirements for submitting ATF 5320.4 (Form 4)

It is important to remember that the ATF will not accept your form 4 unless it is two sided.  The two pages need to be photocopied on to a single sheet of paper or the form will be rejected.

A form 4 is the application for tax paid for transfer and registration of a Firearm that is restricted by the National Firearms Act (NFA)
September 15, 2008

Where do I mail my Form 4?

When transferring firearms that are restricted by the NFA, it is important to mail your Form 4 to the proper address.  There are several addresses floating around but at this time all Form 4's should be mailed to the following address:

National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms, and Explosives
P.O. Box 530298
Atlanta, GA  30353-0298
The same for is used when you are purchasing as an individual, business, or NFA Firearms Trust.