NFA Gun Trust Lawyer Blog

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.

The SBR r SBS will be removed from the NFA and will not be regulated under the NFA as long as the owners does not maintain possession or control over the short barrel. 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.

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.

Under the NFA the serialized receiver is what is recorded for registration in the National Firearms Registration and Transfer Record (NFRTR)

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.

Publication

ATF 5300.4 in 27 CFR 479.102 (page 92) describes what is necessary to engrave on a SBR or SBS when one is manufacturing. This is not necessary if you purchase one that is already manufactured as it will have been done for you.

1) On the Frame or Receiver the Serial number;
2) on the frame, receiver, or barrel the following additional information;
   A)The model;
   B)The caliber or gage;
   C)Your name or name of the Trust in the case of a Trust (no abbreviations are permitted for the Trust name);
   D)The city and state (you can abbreviate the state with the official 2 digit state code)

The above mentioned information must be engraved, casted, stamped (impressing) or otherwise conspicuously placed or caused to be engraved, cast, stamped (impressed) or placed to a minimum depth of .003 inch and in a print size of the Serial number shall be no smaller than 1/16 inch.

When submitting a Form 1 to the ATF for a SBR or SBS with multiple barrel lengths, the ATF will no longer accept a Form 1 with multiple barrel lengths. It is recommended that you submit the ATF Form 1 (5320.1) with a single barrel length for approval. Follow this link for more information on how to fill out an ATF form1 (5320.1).

When filling out a Form 1 for the first time with your NFA trust it can be confusing. With an ATF Form 4, there is typically a dealer involved or someone who has done it before so there are not as many questions. I have created a page on How to fill out a Form 1 with a link to a 5320.1 Form 1 that you can download and a sample that is filled out that can be used as a guide. The page also includes instructions on what information should be contained in your Form 1.

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 New Jersey you can own the following items that are regulated the the National Firearms Act

Machine Guns *
Any Other Weapon (AOW)

In New Jersey you cannot own the following NFA restricted items.

Silencers
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
Destructive Devices (DD)

Follow this link to find out more about New Jersey and NFA restrictions on Class 3 Firearms

* Machine guns - Onwership for persons is regulated under N.J.S. 2C:58-5
NOTE: In New Jersey, AOW's are limited

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

Machine Guns 
Any Other Weapon (AOW) (except Pen Guns) *1
Destructive Devices (DD)
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)

In California you cannot own the following NFA restricted items.

Silencers
Pen Guns

*1 AOW's other than Pen Guns are ok as long as they are not an assault weapon.  With the exception of AOW assault weapons that were owned prior to the registrations period are ok.  AOW's are not required to receive a Curio or Relic classification.

Note In California most Class 3 items other than AOW's must be classified as a Curio or Relic  (C&R).

SBS and SBR, that are C&W  as well has AOW's as described above do not require any special state permits.

Permits for Machine guns and DD's are controlled and at the sole discretion of the DOJ and are rarely issued to civilians or anyone who is not involved in the movie industry.

CA's Assault weapons laws apply to assault weapons whether they are C&R or not.  An assault weapon in Ca if meets certain requirements found in the statutes. One of these is  semi automatic center-fire rifle with  the capacity to accept a detachable magazine that has an overall length of less than 30 inches is an AW.  This would mean if you made (through a form 1) a SBR out of an M1 Cabine, it would likely be considered an AW under California law.

Follow this link to find out more about California and NFA restrictions on 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 Arkansas you can own the following items that are regulated the the National Firearms Act

Machine Guns
Silencers
Any Other Weapon (AOW)
Destructive Devices (DD)
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)

In Arkansas you cannot own the following NFA restricted items.

None

Follow this link to find out more about Arkansas and NFA restrictions on 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)

In Missouri you cannot own the following NFA restricted items.

Silencers
Destructive Devices (DD)

Follow this link to find out more about Missouri and NFA restrictions on Class 3 Firearms

We have associations with lawyers and attorneys in Pennsylvania.  These Pennsylvania Gun Trust Lawyers can provide NFA gun Trusts for the entire state of Pennsylvania.  A NFA Gun Trust can help protect individuals and their families from the criminal and civil penalties associated with the improper transfer or possession of a class 3 firearm regulated under the National Firearms Act.  In addition, the process of purchasing a silencer, SBR, or machine gun can be significantly reduced in the amount of time required and paperwork that is required.

They have offices in

• Allentown Pennsylvania;
• Bechtelsville Pennsylvania;
• Camp Hill Pennsylvania;
• Exton Pennsylvania;
• Pottstown Pennsylvania;
• Lancaster Pennsylvania;
• Lebanon Pennsylvania;
• North Wales Pennsylvania;
  
• Pottstown Pennsylvania; and
  
• Reading Pennsylvania

If you are located in another area of Pennsylvania they can also provide services by email and telephone in much the same way as if you were in their office.

To contact a Pennsylvania Gun trust lawyer fill our our Contact form.

If you live in a city in where the Chief law Enforcement Officer (CLEO) will not or easily sign a Form 4, there are several solutions.
Class 3 Weapons include suppressors, , short barrel rifles, machine guns, and other destructive devices.

The most common solution is to create a NFA revocable trust to hold title to the firearm or class 3 items. A NFA Gun Trust, Class 3 Firearms Trust, Florida Limited Liability Company, or Florida Corporation is a legal entity established under state law.

For NFA purposes many individuals prefer the a Revocable Trust over a corporation or LLC because the cost is far less on an ongoing basis. Business entities typically have state filing fees of around $150 a year. In addition there are the costs of tax preparation, compliance and filings with the IRS. In Florida and many other states Revocable Trusts like the NFA or Firearms trust do not require any disclosure or public filings. This means the ownership, control, and management is private. Although most Florida Revocable or Living Trusts can hold firearms or other class 3 items, many are not properly setup to deal with the issues involving firearms and other items which are regulated by the National Firearms Act (NFA). If the NFA is violated, the people in possession, and who transferred the items are subject to criminal charges, substantial fines, and forfeiture of not only the class 3 items in question but all firearms in the possession or ownership. ($250,000 penalty, 10 years in prison, and forfeiture of items) The gun or firearms trust must give the Trustee instructions and special powers so that they can legally manage for unplanned events. Weapons and other assets in a Firearms Trust can not be distributed like other assets upon the death or incapacity of the person who placed the items in the trust(The Grantor or Settlor). There are many advantages to a firearms trust, if you own or plan to purchase a class 3 items you should contact a lawyer who is familiar with these issues and can design a trust to protect you and your family from liability. If you are in Florida you can contact me and if you are in another state I would be happy to get you in touch with a lawyer in your state who can provide information on NFA Gun Trusts.