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Posted: 4/22/2014 4:27:29 PM EDT
Eight months to the day of purchasing my suppressor I purchased a new house in another state. I wrote the atf a letter about the move as requested by the status check number. They responded that it was approved on the exact same day as I purchased my new home. Does anybody know how the process works for changing from one state to another? My original dealer hasn't received the stamp yet. Unfortunately I have been told three different answers already.
 I did use a trust if that makes a difference.
Thanks for the help. |
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Posted: 4/22/2014 4:51:36 PM EDT
[#1]
Have you sold your previous house yet (did you even own a house or were you renting)?
Have you physically moved out of state yet? Have you acquired your new home state's driver's license? The answers to all three of those questions matter, a lot. If you have already gotten a driver's license in your new home state, then your dealer will not be able to release your NFA item(s) to you with an out of state driver's license. If you still have your old house (assuming you weren't renting) AND you still have your old state's driver's license, then you should be able to pick up your item(s). Assuming you are able to legally pick up your suppressor, then the ATF would like you to submit a 5320.20 letting them know you are permanently moving the item to a new state. There is debate as to whether or not that is required for suppressors. It is 100% required for SBSs and SBRs as well as a few other items. I recently went through the same thing as you and submitted 5320.20s for all of my NFA items, including the suppressors (mostly as a CYA type of thing). Hope that helps. |
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Posted: 4/22/2014 5:00:43 PM EDT
[#2]
Quote HistoryQuoted:
Have you sold your previous house yet (did you even own a house or were you renting)? Have you physically moved out of state yet? Have you acquired your new home state's driver's license? The answers to all three of those questions matter, a lot. If you have already gotten a driver's license in your new home state, then your dealer will not be able to release your NFA item(s) to you with an out of state driver's license. If you still have your old house (assuming you weren't renting) AND you still have your old state's driver's license, then you should be able to pick up your item(s). Assuming you are able to legally pick up your suppressor, then the ATF would like you to submit a 5320.20 letting them know you are permanently moving the item to a new state. There is debate as to whether or not that is required for suppressors. It is 100% required for SBSs and SBRs as well as a few other items. I recently went through the same thing as you and submitted 5320.20s for all of my NFA items, including the suppressors (mostly as a CYA type of thing). Hope that helps. The answer to all the above questions is yes. We have sold and closed on both our old and new homes. I do have a new drivers license In our new state. I'm assuming that I will need to do the 5320.20 and transfer it to the new state and then pick it up there? Unfortunately nobody at the Atf seems to know and they act like nobody has ever moved before. |
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Posted: 4/22/2014 5:18:15 PM EDT
[#3]
The 5320.20 is only used to notify and receive approval from the ATF for moving items already in your possession.
If the dealer still has physical possession of the item and the stamp is still in transit from the ATF (I'm not even sure that really matters), I believe there is going to be a problem. My understanding is that given your current status with the new out of state license, the dealer will not be able to release the item to you. The reason being, is that the state of your driver's license needs to match the state from which the Form 1 or 4 was submitted. Someone else can chime in here with more details if that is wrong. At this point, I think you may be faced with another 2 transfers. A Form 3 from your old dealer to a new local (in state) dealer and then another Form 4 from your new dealer to yourself. Maybe someone else can think of a way out of this situation. 
Out of curiosity, why did you wait so late to contact the ATF? Surely you knew in advance that you were faced with possibility of moving out of state while Forms were pending, right? |
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Posted: 4/22/2014 5:40:48 PM EDT
[#4]
I'm afraid you might be correct. As far as the short notice, our house managed to sell in 13 days so it was crazy for us. I thought we would have two-three months or longer and it would arrive during that wait.
Eta: thanks for the help. |
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Posted: 4/22/2014 6:14:20 PM EDT
[#5]
IANAL, but...
depending on your state laws, create an amendment to your trust to add a trustee that is still a resident of that state if none of the current trustees are residents of the original state. have the in state trustee take possession of that suppressor. |
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Posted: 4/22/2014 6:33:16 PM EDT
[#6]
Assuming you still have your old DL, why not just use that as well as your old address when filling out the 4473? You are still living at that address at the moment right? This would probably save you a lot of time and money. You can update the ATF of your address after you get possession of the can.
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Posted: 4/22/2014 6:38:38 PM EDT
[#7]
Quote HistoryQuoted:
Assuming you still have your old DL, why not just use that as well as your old address when filling out the 4473? You are still living at that address at the moment right? This would probably save you a lot of time and money. You can update the ATF of your address after you get possession of the can. Perjury would be the main reason not to do this, especially if it's a LGS that has you fill out a 4473 when picking up the NFA items. OP has clearly stated he has closed on both homes, so he no longer is a resident of the state where suppressor is. He may have his old (invalid) license, but he's been issued a new one from the state of his new residence. |
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Posted: 4/24/2014 5:27:32 AM EDT
[#8]
Thanks everybody. At this point I'm going to seek out an Nfa attorney in my new state and see what they say. The store that I purchased the suppressor from is also attempting to contact the atf.
Here's the options that I have been presented so far: 1. Cancel everything and transfer it to the new state. Submit new paperwork and the $200 tac stamp fee and write a letter explaining everything. There's a chance that the original $200 could be refunded but this is debatable. This option would likely include another 8+ month wait. 2. Fill out the 5320.20 and pick up the suppressor in my old state after it's approved. This seems strange as I'm no longer a resident of that state. I don't think this is really an option. 3. Fill out the 5320.20, transfer it to the new state, pick it up there, and pay for the transfer only. 4. A form 3 from the original dealer to a local dealer and then another form 4 at the new dealer If anybody knows of a contact at the atf that could help please IM me their information. Eta: option 4 |
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Posted: 4/24/2014 6:44:49 AM EDT
[#9]
Do you have any co-trustees that live in your old state? If so, couldn't they pick up the suppressor as a principal agent of the trust and then the trust permanently move the item to your new state.
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Posted: 4/24/2014 6:55:05 AM EDT
[#10]
I don't believe a 5320.20 comes into play at all since you can't legally fill out a 4473 to complete the transaction of receiving your suppressor from the dealer.
But please keep us informed as to the eventual outcome. |
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Posted: 4/24/2014 7:13:31 AM EDT
[#11]
Tagged for similar situation. I haven't moved yet but it's coming. Only renting, and my "permanent" address would be my parents place in my home state, but still a difficult situation.
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Posted: 4/24/2014 8:08:43 AM EDT
[#12]
Quote HistoryQuoted:
Tagged for similar situation. I haven't moved yet but it's coming. Only renting, and my "permanent" address would be my parents place in my home state, but still a difficult situation. So how would this be any different than sending in a can to be worked on. There is no background check required that hasn't already been done. Your dealer should just be able to mail it to you. The can is already legally yours. |
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Posted: 4/24/2014 5:43:46 PM EDT
[#13]
Quote HistoryQuoted:
So how would this be any different than sending in a can to be worked on. There is no background check required that hasn't already been done. Your dealer should just be able to mail it to you. The can is already legally yours. Quote HistoryQuoted:
Quoted:
Tagged for similar situation. I haven't moved yet but it's coming. Only renting, and my "permanent" address would be my parents place in my home state, but still a difficult situation. So how would this be any different than sending in a can to be worked on. There is no background check required that hasn't already been done. Your dealer should just be able to mail it to you. The can is already legally yours. There's your problem--because no, it's not already legally his. |
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Posted: 4/24/2014 9:14:55 PM EDT
[#14]
Quote HistoryQuoted:
There's your problem--because no, it's not already legally his. Quote HistoryQuoted:
Quoted:
Quoted:
Tagged for similar situation. I haven't moved yet but it's coming. Only renting, and my "permanent" address would be my parents place in my home state, but still a difficult situation. So how would this be any different than sending in a can to be worked on. There is no background check required that hasn't already been done. Your dealer should just be able to mail it to you. The can is already legally yours. There's your problem--because no, it's not already legally his. I may be obtuse here, but doesn't the form 4 say it is??? What with all the wording at the top of the form about the form being used to transfer to an individual and such. |
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Posted: 4/25/2014 3:27:42 AM EDT
[#15]
Quote HistoryQuoted: I may be obtuse here, but doesn't the form 4 say it is??? What with all the wording at the top of the form about the form being used to transfer to an individual and such. Quote HistoryQuoted: Quoted: Quoted: Quoted: Tagged for similar situation. I haven't moved yet but it's coming. Only renting, and my "permanent" address would be my parents place in my home state, but still a difficult situation. So how would this be any different than sending in a can to be worked on. There is no background check required that hasn't already been done. Your dealer should just be able to mail it to you. The can is already legally yours. There's your problem--because no, it's not already legally his. I may be obtuse here, but doesn't the form 4 say it is??? What with all the wording at the top of the form about the form being used to transfer to an individual and such. |
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Posted: 4/25/2014 5:15:34 AM EDT
[#16]
Quote HistoryQuoted:
The suppressor is still logged in the dealers bound book. A 4473 needs to be completed to transfer the suppressor out. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Quoted:
Tagged for similar situation. I haven't moved yet but it's coming. Only renting, and my "permanent" address would be my parents place in my home state, but still a difficult situation. So how would this be any different than sending in a can to be worked on. There is no background check required that hasn't already been done. Your dealer should just be able to mail it to you. The can is already legally yours. There's your problem--because no, it's not already legally his. I may be obtuse here, but doesn't the form 4 say it is??? What with all the wording at the top of the form about the form being used to transfer to an individual and such. The suppressor is still logged in the dealers bound book. A 4473 needs to be completed to transfer the suppressor out. Yep, this is my issue. I have to try to keep MO residency after I move. I'm looking into that still... |
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Posted: 4/25/2014 6:12:57 AM EDT
[#17]
Yep, this is my issue. I have to try to keep MO residency after I move. I'm looking into that still...
DON'T apply for a new DL till all old business has been taken care of. Here in CO you have 6 months to declare residency. We held on to our old DL's till then, same for lic plates / vehicle registration. The tags had 8 months before they expired. |
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Posted: 4/25/2014 6:55:18 AM EDT
[#18]
Quote HistoryQuoted:
The suppressor is still logged in the dealers bound book. A 4473 needs to be completed to transfer the suppressor out. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Quoted:
Tagged for similar situation. I haven't moved yet but it's coming. Only renting, and my "permanent" address would be my parents place in my home state, but still a difficult situation. So how would this be any different than sending in a can to be worked on. There is no background check required that hasn't already been done. Your dealer should just be able to mail it to you. The can is already legally yours. There's your problem--because no, it's not already legally his. I may be obtuse here, but doesn't the form 4 say it is??? What with all the wording at the top of the form about the form being used to transfer to an individual and such. The suppressor is still logged in the dealers bound book. A 4473 needs to be completed to transfer the suppressor out. Are you sure about that? Here in Texas, if you order a supressor from Silencershop (in Texas), and you're a resident, then they can mail you your suppressor to your Texas address. I don't know if they make you fax a 4473 or anything but I know they do ship them to you if you want. Hopefully I'll find out shortly (two form 4s on Dec 05). EDIT: Well apparently they are supposed to, for a trustee anyway: https://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-9.pdf I have a form 3 (submitted end of march) that I'm waiting on to start a form 4. Form 3 should be done in about a month from now. So I should start the wait on the form 4 in June. I am moving apartments in August, so my question: does my form 4 address and my 4473 address have to match? |
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Posted: 4/25/2014 9:12:08 AM EDT
[#19]
Quote HistoryQuoted:
Yep, this is my issue. I have to try to keep MO residency after I move. I'm looking into that still... DON'T apply for a new DL till all old business has been taken care of. Here in CO you have 6 months to declare residency. We held on to our old DL's till then, same for lic plates / vehicle registration. The tags had 8 months before they expired. That's the plan. Gotta check on how KS does things though |
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Posted: 4/25/2014 9:33:35 AM EDT
[#20]
There are a lot of theories in this thread and not a lot of answers. I would call ATF and ask to speak to one of the supervising examiners to get some advice.
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Posted: 4/25/2014 12:05:07 PM EDT
[#21]
Quote HistoryQuoted:
There are a lot of theories in this thread and not a lot of answers. I would call ATF and ask to speak to one of the supervising examiners to get some advice. I don't know what you're reading, but this stuff is not rocket science and I see the answers clearly stated above. |
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Posted: 4/25/2014 12:07:17 PM EDT
[#22]
Quote HistoryQuoted:
Are you sure about that? Here in Texas, if you order a supressor from Silencershop (in Texas), and you're a resident, then they can mail you your suppressor to your Texas address. I don't know if they make you fax a 4473 or anything but I know they do ship them to you if you want. Hopefully I'll find out shortly (two form 4s on Dec 05). Yes, he's sure about that. Having Silencershop send you your suppressor when you reside within the state of TX is not the same things as having them (or any other dealer) send it to you out of state (which cannot be done). Out of state is obviously the (non-)issue here (non-issue, since it's clear what needs to happen). |
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Posted: 4/25/2014 12:15:03 PM EDT
[#23]
You still have to fill out and sign a 4473 as a Texas resident:
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Posted: 4/25/2014 9:01:35 PM EDT
[#24]
The trust owns the suppressor, I don't see why the trust can't appoint a local trustee for pickup and then 5320 the suppressor to the next state.
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