There have been many discussions on this and it appears that as of July 2010 the answer is:
Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm's configuration is permanently changed or removed from the purview of the NFA.
If I put my original barrel back on my SBR or SBS, can I take it across state lines without using an ATF Form 5320.20?
If you no longer own the barrel, you can do this, but if you still own or possess the short barrel, the item is still restricted by the NFA unless you remove the item from the NFA by contacting the ATF.
If you want to make a permanent change to the SBR or SBS, it should be removed from the NFA and will not then be regulated under the NFA. If the owner maintains possession or control over the short barrel riffle or shotgun they should be careful about constructive possession of an SBR or SBS. While there is no requirement to notify the ATF of the transfer of an item which has been removed from the NFA, the ATF does recommend that you notify the NFA branch of such changes in writing so that the possessor is not mistakenly identified as the owner if the firearm is later used in a crime.
Until the firearms is removed from the NFA registry, it will have the same restrictions regardless of the current barrel length. You can not put a longer barrel on to bring to a state where a short barrel is permitted or avoid the necessity of a 5320.20 to cross state lines. Once a SBR or SBS it will always be a SBR or SBS until the item configuration is changed and the gun is removed from the registry. If removed, you can not the original Form 1 to change it back to an SBR or SBS at a later date
If you still own or have control over the barrel or parts required to assemble the SBR or SBS, the firearm would still be subject to NFA transfer and possession regulations. ATF recommends contacting State law enforcement officials to ensure compliance with state and local law. (In Florida and some other states, possession of a barrel and receiver which could be made in a SBR or SBS is a crime unless the firearm is registered as a SBR or SBS under the NFA.)
If you do not have the barrel the firearm is no longer a SBR or SBS.
We are often asked for a list of Class III dealers. There is a website that lists Class III dealers in many states. GunTrustLawyer.com is a sponsor of the site as we have found it to be a useful site to our clients.
The Supreme Court has ruled today in an opinion by Judge Alito that the 2nd Amendment applies to the states through the 14th. More to come later. If you want to read the decision it's posted on the Supreme Court Website - McDonald v. Chicago or from our website McDonald_v_Chicago.pdf
Unfortunately, the answer is no. The ATF considers the trust as a separate legal entity and the tax must be paid for the additional transfer. Given that this is essentially an tax by the IRS, it would seem logical that the tax would be waived because a revocable trust is a pass through entity and not taxed. As far as I know this has not been challenged because it is only $200 for the transfer and the cost to fight it would be many thousands of dollars.
Just got an email from Kenn Blanchard, the host of The Urban Shooter Show and author or Black Man with a Gun asking if I could talk about Gun Trusts tonight June 14, 2010 at 7:30 EST. If you have questions, you may want to listen to the podcast.
Auction arms has a FFL Finder that may help you find a local dealer to do your Class III Transfers. Check out the FFL Finder.
Want to ask a question about Title II firearms or the NFA and NFA trusts, I will be the guest of Tom Gresham on Gun Talk tomorrow (June 6th) at 3 PM EST. Call 1-866-825-5486 to ask questions or just email us. If you do not get Gun Talk in your area, you can listen to one of the many live streams or download it on iTunes
You can also listen to a Gun Talk Sunday's from 7-10PM on the re broadcast on Sirius Channel 108 and XM Channel 139
While times have varied greatly over the last few years, it appears that the time your ATF Form 4 or Form 1 will take for approval seems to be tied to who the examiner is. A website NFATRACKER.com is collecting information on the times and offers some reporting on how long various transfers are taking. While the site is gaining speed and beginning to gather data, anyone who has a recent transfer should go and record your results. It is easy to create a login and select the type of item and whether you were an individual trust or corporation and the dates that certain events took place. So far we do not know how or if there is a way to pick who your examiner is by what the name of your trust is. The site's manager has stated that one reader seems to have found that there is some correlation between the name of the dealer and the examiner but it is still unknown if you can do anything to improve the time you trust takes for approval. If we figure anything out we will keep you updated. If you need help finding a local NFA Gun Trust attorney, have questions about a trust, or want to create a Valid NFA trust Contact Us.
If you want to use multiple caliber barrels on a SBR or SBS there here are some guidelines that will help you fill out your ATF Form 1, which are also found on our updated How to fill out a Form 1 for a Trust Page.
4c should contain the caliber or gage of the firearm. Only one is acceptable. ( Multi is not acceptable, you can only list one, if you have additional calibers you want to list you can list them in 4h).
Please note that all barrels must be short, if you want to use a barrel that would not be classified as a SBR or SBS, you must remove the item from the NFA and then you would have to purchase a new tax stamp to make it a SBR or SBS in the future.
Some dealers are currently providing trusts to their customers to avoid the Chief Law Enforcement Officer (the "CLEO") sign-off that is required for individual purchasers of Title II Firearms. When a non-lawyer dealer fills out or creates a trust for an individual they are violating their state's unauthorized practice of law ("UPL") statutes. Many dealers and manufactures are providing generic trusts that do not address the unique issues of the NFA and often do not comply with the state requirements for proper execution. In the past, the ATF has accepted many of these invalid trusts and approved the transfer of these firearms. Unfortunately for such individuals, if the trust is invalid, the possession that has been approved did not take place, and the individual or individuals who are in possession or using the items are in violation of the NFA. These dealers are taking a big risk in providing improper trusts to their customers. They are not only violating the state UPL statutes, but can also be liable for violating the NFA, in addition to civil liability for the bad advice which results in the consumers' property loss, civil penalties, and/or criminal prosecution.
Be careful when copying a form or getting a trust from someone who is not a licensed attorney. Many individuals ask why we work exclusively with local licensed attorneys in each state. We do this to maintain the quality of our documents and to make sure that a licensed attorney in your state reviews the documents and makes changes based upon your local state laws.
If you want to create your own Gun Trust without a lawyer, there is a real online Gun Trust that can be created in less than 10 minutes.
If you want to create a gun trust with the help of a Gun Trust Lawyer® Contact Us to begin the process.
