Waiting game question form 5 / form 1

[wwiifirearms]

I'm sending a couple Form 5's for DEWATS which I plan to reactivate after transfer. I was wondering if there is any reason I can't wait about a month and then file my Form 1's to reactivate to let them start working their way through the system while waiting on Form 5 approval. Surely the Form 5's will be approved by the time they get to the Form 1. I'm not looking to break any rules. Would this violate any rule you can think of?

Anyone ever done that?

Edited May 15, 2015 by wwiifirearms

[ron_brock]

Correct me if I am wrong, but the gun does not belong to you until the Form 5 is approved so you cannot file the Form 1, correct?

The only example I know of, the form 1 was filed after form 5 approved and gun in possession of the new owner.

 

Ron

[wwiifirearms]

The gun doesn't transfer to me until the form 5 is approved. However, if I mail in the Form 1 it will sit in a pile for 4-6 months. By the time they get to it, the Form 5 will have been approved and the firearm transferred. I figured the worse case would be the form 1 somehow makes it to processing before the form 5, and they reject the form 1 and we start over. Best case we shave a few months off the process by having both forms waiting at the same time. I'll have to take a close look at the form 1. Is it certifying that you already have the DEWAT before filing?

[amafrank]

if you send in the form 1 it won't just sit for 5 or 6 months....it will go to the mail room and then to the guys who do data entry and it will not be in the system in your name. At that point it will get kicked back. You cannot legally or reasonably file any of the forms for yourself until the transfer to you is complete. You can't expect to play the "float" on the forms like you could do with checks way back before computers. All it will do is delay things even more and you'll have to start over with your form 1. You can of course try it and see for yourself but it could cause some issues with your form 5's too. Ownership isn't an issue since legally you own it when you pay for it but the legal transfer is the only basis for you to file any subsequent forms. Til its transferred to you there isn't any reason for them to do anything for you.

Hope that helps somewhat. I know its not what you want to hear. Everyone wants to jumpstart the overly long wait for ATF but there isn't any reasonable way.

Sorry the MP18 info wasn't what you wanted to hear either. Where are you in Ohio?

Frank

[wwiifirearms]

Thanks! Well it was a thought anyway. A few more months won't kill me. The mp18 info was very helpful. It actually sounds like it won't be too bad to make a new barrel and bushing. The challenge will be getting the old one out.

I am just West of the Cleveland Airport.

[johnsonlmg41]

I've filed them at the same time and currently have a couple more sets in this way. Hasn't been a problem yet. I assume they are smart enough to enter the form 5's first then pass along the form 1's and documents to the other state examiner. I will say the form 5's do clear much faster and the lag has been 2-3 months on the form 1 approvals .from the time the form 5's were approved . I would never try separating them though, that will probably end in chaos. Net net a time savings of 3 months.

Disclaimer: I do a lot more and many different transfers than most dealers, and there is no guarantee or any "rules" for doing paperwork per se other than common sense, following most of the instructions on the form, and sometimes luck.. The safe bet is waiting for each one to clear independently. All I can say is that it has been done.

[wwiifirearms]

Thanks! I already sent the Form 5, so I will just wait till it comes back to do the Form 1. Encouraged to hear form 5s are moving faster.