EForm 4 to C&R Out of State

[ZK383]

Here's the situation:

The seller is an FFL in State A with a C&R MG. The buyer is in State B with an FFL03 C&R. The FFL filed an E Form 4 to the buyer, which was denied. The ATF wrote, "Reasons For Disapproval: BOTH BUYER AND SELL MUST BE RESIDENTS OF SAME STATE. REFUND REQUESTED.".

However, according to the most recent ATF NFA Handbook, "Section 2.3 Curios or relics. Curios or relics are firearms that are of special interest to collectors.23 NFA firearms can be classified as curios or relics under the same criteria used to classify conventional firearms as curios or relics.24 An NFA firearm that is recognized as a curio or relic is still an NFA “firearm” and is still subject to the registration and transfer provisions of the NFA. The primary impact of a curio or relic classification is that a properly registered NFA firearm classified as a curio or relic may be lawfully transferred interstate to, or received interstate by, a person licensed as a collector of curios or relics under the GCA." (ATF National Firearms Act Handbook, Page 20).

The last sentence is the key to this whole issue. The FFL (a well known and reliable FFL07/SOT02) refiled the E Form 4, and was denied again. We have contacted NFA Ask The Experts at ATF.Gov with no response. How do we bring this issue to a positive resolution? It is quite frustrating to have the ATF hold up my rights over their own incompetence. Thank you.

Additional information:
1. The NFA handbook clearly and explicitly allows for what we’re doing. I should not have to do another Form 3 and involve another FFL plus shipping and transfer fees.
2. We are unable to add the FFL03 number to the EForm 4. The FFL is unable to add the FFL03 number, so it was provided as a PDF in the supplemental documents sections. The field for section 5 does not populate.

[ChevTec]

May have to file a paper form 4 so you can add the c&r ffl number?