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NFA item moved without 5320.20, in early 1986?


wwiifirearms
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If there was a Registered gun made in 1980, and the owner changed States in 1986, did they have a 5320.20 back then? He says at the time he contacted the ATF and they told him to just take a copy of his paperwork to the new local Sherriff, which he did.

He sold several other transferable guns in the same situation to a dealer in his current state with no issues about 10 years ago.

Currently potential buyer and owner both reside in the same state.

When did they start using/requiring the 5320.20?

Owner and potential buyer just do the new Form 4 with his current address?

Would it be better to do a Form 4 to a dealer in the current state?

Should the owner file a 5320.20 now (and will they return it to his current address)?

Any other thoughts on how to handle this?

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The current owner needs to send a letter to the NFA Division and update his "current address". Straightforward and simple.

After that, do the Form 4 to the new purchaser using the owners "updated current address". I would put a cover letter with the new Form Four to highlight the "new" current address and a copy of the letter mailed to the NFA Division. There should not be an issue. I would also check to see if there are any State Requirements that need to be handled separately.

 

For example in Virginia, you must register a Machinegun with the State PD. Once the gun is transferred to the new owner, he has to do the Virginia State registration as well.

 

Don't do the transfer with a dealer, it is not required and will double the wait period.

 

Easy day,

Sandman1957

Edited by Sandman1957
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Thanks!

No special state things to deal with (Ohio).

 

I was hoping for something simple like this.

I thought I read somewhere that a couple years ago the ATF started sending back address change letters and telling people to use 5320.20.

 

-wwiifirearms

Edited by wwiifirearms
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Use the 5320.20 - while a letter is allowed at one time they were incredibly slow compared to the 5320.20 (2-3 years at their worst IIRC). Things may have changed though so don't take that to the bank.

 

Suggestion: Include a letter/note explaining that he has no access to get mail at the former address so please send to the new one.

 

Edit: No warranty on that last line, either. No idea if it will actually work. How's that for waffling? I'm practicing to run for office.

Edited by The Lone Ranger
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Use the 5320.20 - while a letter is allowed at one time they were incredibly slow compared to the 5320.20 (2-3 years at their worst IIRC). Things may have changed though so don't take that to the bank.

 

Suggestion: Include a letter/note explaining that he has no access to get mail at the former address so please send to the new one.

 

Edit: No warranty on that last line, either. No idea if it will actually work. How's that for waffling? I'm practicing to run for office.

Thanks for the guidance. Im thinking if he sends the 5320.20, even if they send the reply to the old address, at least the actual registration will have the correct address by the time the subsequent Form 4 gets processed.

Any thoughts on what to put on the 5320.20 for dates and how being transported, if it was moved 30+ years ago?

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Not really a right or wrong answer here - if it were me, I'd just pick a date maybe 30 days after submit date.

 

You have a good point about mailing - even if it goes in a dead letter file, it will have accomplished its task of updating the address. I would hope the request to mail to new address still works. It has to happen at times where people move and leave goods behind then relocate them later but not be able to go to their old mailbox.

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  • 2 weeks later...
I probably should have mentioned, I own an FFL/SOT business. As I think more about this, if I make a deal Ill probably form 4 to the FFL/SOT. Even if it costs me an extra $200 to later move it to my personal trust. I hear the Form 4 to an FFL/SOT is sometimes faster. Also, if the ATF decides it is an Inter-state transfer, I think as an FFL/SOT we can be the transferee on a Form 4 from out of state.
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I probably should have mentioned, I own an FFL/SOT business. As I think more about this, if I make a deal Ill probably form 4 to the FFL/SOT. Even if it costs me an extra $200 to later move it to my personal trust. I hear the Form 4 to an FFL/SOT is sometimes faster. Also, if the ATF decides it is an Inter-state transfer, I think as an FFL/SOT we can be the transferee on a Form 4 from out of state.

I am a FFL/SOT and have done about four transfers from individuals to my FFL/SOT and it has been as quick as

3 months and as much as 4 so yes, it is quicker. You absolutely can be the transferee on a form 4 out of state. One suggestion,

here is what I do to make sure the transfer goes smoothly: If the deal is $10k for example, send the seller 9800 and a check for $200 to ATF. You fill out the form 4 and send it to him to forward to ATF. I even provide the envelope. Then you know it will be done correctly . Also you as the transferee can draw a line thru all the stuff on the form that individuals have to- all the questions,for example. I draw a line and write "N/A" . Also, no cleo copy either.

The reason it quicker (I have been told) is that the transferer and the gun is in the registry and you as the tranfereror

are already in their system as they can look you up by FFL and SOT EIN number

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