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Posted: 8/13/2018 10:56:28 PM EDT
Has anyone filed an Interstate Transport Form 5320.20 to personally deliver a NFA weapon covered by an approved Form 4
to the Transferee on the Form 4 and gotten it back approved?  The one I filed was denied because I was not the registered owner
of the weapon.  Worse yet, the ATF sent the denied form to the Transferee so I received no notice that my request had been denied.

Planning on calling them but I can't believe I am the only person who ever wanted to deliver a NFA weapon  personally after an approved Form 4 has been
received to an out of state transferee.
Link Posted: 8/13/2018 11:16:44 PM EDT
[#1]
Isn’t it a two stamp ordeal to form 4 out of state?
Makes sense to me.
Link Posted: 8/14/2018 12:11:38 AM EDT
[#2]
Quoted:
Has anyone filed an Interstate Transport Form 5320.20 to personally deliver a NFA weapon covered by an approved Form 4
to the Transferee on the Form 4 and gotten it back approved?  The one I filed was denied because I was not the registered owner
of the weapon.  Worse yet, the ATF sent the denied form to the Transferee so I received no notice that my request had been denied.

Planning on calling them but I can't believe I am the only person who ever wanted to deliver a NFA weapon  personally after an approved Form 4 has been
received to an out of state transferee.
View Quote
So a bit confusing.  Since both the transferee and transferor of an NFA item have to reside in the same state, and you have gotten an approved form 4, I am assuming both you (the transferor?) and the transferee live in the same state, but in order to travel to their location and give them the item, you have to leave your state and then re-enter it for travel convince, or something to that effect?

Either way, your interstate transport form would be denied if you filed it using your name and info AFTER you had already gotten an approved Form 4 back to transfer the item to another party.  In the ATF's eyes, they are the current owner, so any Form 5320.20's filed on that item would have to be filed by the new owner.

This is a bit of a weird area since legally the transfer doesn't really happen until your physically make the hand-off, so "legally" you are still the owner even with that Form 4 being approved, but the trouble is that the ATF's database shows the other party as the current owner (due to approving the Form 4), so when they cross-check the owner in their database as the info you put on the 5320.20, they didn't match, so they denied it.

ETA - Re-read your last sentence.  Is the transferee out of your state an FFL?  If the Form 4 is approved, you don't need a 5320.20 to get the item to them, the transfer of ownership to an out of state FFL is permitted in interstate commerce...  Am I missing something here?
Link Posted: 8/14/2018 12:15:16 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

So a bit confusing. Since both the transferee and transferor of an NFA item have to reside in the same state, and you have gotten an approved form 4, I am assuming both you (the transferor?) and the transferee live in the same state, but in order to travel to their location and give them the item, you have to leave your state and then re-enter it for travel convince, or something to that effect?

Either way, your interstate transport form would be denied if you filed it using your name and info AFTER you had already gotten an approved Form 4 back to transfer the item to another party.  In the ATF's eyes, they are the current owner, so any Form 5320.20's filed on that item would have to be filed by the new owner.

This is a bit of a weird area since legally the transfer doesn't really happen until your physically make the hand-off, so "legally" you are still the owner even with that Form 4 being approved, but the trouble is that the ATF's database shows the other party as the current owner (due to approving the Form 4), so when they cross-check the owner in their database as the info you put on the 5320.20, they didn't match, so they denied it.

ETA - Re-read your last sentence.  Is the transferee out of your state an FFL?  If the Form 4 is approved, you don't need a 5320.20 to get the item to them, the transfer of ownership to an out of state FFL is permitted in interstate commerce...  Am I missing something here?
View Quote
I don't believe this is accurate.

You can F4 from person to person out of state.

Edit, i should clarify if the receiving party is an SOT which I assume this is the OP's case.
Link Posted: 8/14/2018 12:29:25 PM EDT
[#4]
I believe since you no longer own it he will have to fill that out, get approved, and pick it up from you.
Link Posted: 8/14/2018 1:57:38 PM EDT
[#5]
Link Posted: 8/14/2018 2:54:48 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I don't believe this is accurate.

You can F4 from person to person out of state.
View Quote
As BW said above, ONLY if the transferee in the other state holds the appropriate FFL/SOT.

This isn't just an NFA thing, no private party sales or transfers of ANY firearms are allowed between two parties in different states.

If you sell a title 1 firearm to someone outside your state, it has to be transferred to them by an FFL in their state, they fill out the 4473, etc.
Link Posted: 8/14/2018 3:57:34 PM EDT
[#7]
Quoted:
Has anyone filed an Interstate Transport Form 5320.20 to personally deliver a NFA weapon covered by an approved Form 4
to the Transferee on the Form 4 and gotten it back approved?  The one I filed was denied because I was not the registered owner
of the weapon.  Worse yet, the ATF sent the denied form to the Transferee so I received no notice that my request had been denied.

Planning on calling them but I can't believe I am the only person who ever wanted to deliver a NFA weapon  personally after an approved Form 4 has been
received to an out of state transferee.
View Quote
I'm confused.  An out of state transfer needs to go through a SOT, no?  No person to person transfers for diverse non-licencees.
Link Posted: 8/14/2018 11:19:16 PM EDT
[#8]
All out-of-state NFA transfers must be to a FFL/(SOT) or a government entity. Then once in-state, that recipient may transfer to someone who resides in that state.
Link Posted: 8/15/2018 12:36:24 AM EDT
[#9]
Unless its classified as a curio & relic and the person has an 03FFL then it can go direct to them on a single transfer
Link Posted: 8/15/2018 11:33:22 AM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
As BW said above, ONLY if the transferee in the other state holds the appropriate FFL/SOT.

This isn't just an NFA thing, no private party sales or transfers of ANY firearms are allowed between two parties in different states.

If you sell a title 1 firearm to someone outside your state, it has to be transferred to them by an FFL in their state, they fill out the 4473, etc.
View Quote
I thought the OP's other person was a SOT?  I clarified my post.
Link Posted: 8/15/2018 11:34:22 AM EDT
[#11]
Quoted:
Unless its classified as a curio & relic and the person has an 03FFL then it can go direct to them on a single transfer
View Quote
Of course, because that's a FFL.
Link Posted: 8/15/2018 11:37:51 AM EDT
[#12]
Doubletap
Link Posted: 8/15/2018 11:49:18 AM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I thought the OP's other person was a SOT?
View Quote
I would certainly hope so if he has an approved Form 4 from the ATF to transfer the item out of state, but it isn't stated in the OP, hence the confusion.
Link Posted: 8/15/2018 3:00:40 PM EDT
[#14]
Yeah the OP should clarify.
The out-of-state transferee doesn't necessarily need a SOT, but they should at least hold a FFL.
Link Posted: 8/15/2018 4:06:23 PM EDT
[#15]
The new approved form authorizes you to deliver the firearm to the transferee. Nothing in the law requires use of a common carrier. Similar to an estate xfer.
Link Posted: 8/15/2018 4:10:06 PM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I would certainly hope so if he has an approved Form 4 from the ATF to transfer the item out of state
View Quote
Exactly. Pretty big slip up on ATF part if they approved a non-licensee to non-licensee interstate xfer.
Link Posted: 8/15/2018 4:14:15 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I'm confused.  An out of state transfer needs to go through a SOT, no?  No person to person transfers for diverse non-licencees.
View Quote
Does not need to be a SOT, but does need to be a FFL (excluding govt, C&R etc).
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