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Posted: 11/3/2021 10:45:20 AM EDT
I purchased a home in Florida and I'll be moving there from Texas in early December.  Currently I still have a Texas driver's license.  My suppressor Form 4 has been pending with ATF for 5 months.  Estimated wait times are currently at 8 months.  I have a Silencer Shop Single Shot Trust and I am the sole Responsible Person on the trust.  What is he best plan of action?

My options are:

1.  cancel the application with the ATF and restart it with my new Florida address once I'm moved into my new house, and then wait another 8 months, or,

2.  add another local Responsible Person to my trust, have him pick up the suppressor once it is approved at my Texas dealer, file a form 5320.20 and once it is approved have the Responsible Person ship the suppressor to me.

Any suggestions?
Link Posted: 11/3/2021 10:59:29 AM EDT
[#1]
Link Posted: 11/3/2021 11:27:35 AM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Could you also have the second person on your trust do a form 3 transfer from TX to a FL ffl?  That's probably way more complicated though.  I don't think (not a lawyer) you can modify your trust while waiting on the stamp to come back as they are doing the background on you and you alone (since a single shot).

edit:  maintain property in TX.  Fly/Drive back when your can comes in.  Pick it up.  Then modify your trust, file the form to cross state lines and have your person mail it to you.  Just thinking it through.  When I moved from one house to another (in different towns 15 min apart) I had to retain my old PO box for 6 months until my stamp came.
View Quote


re: bold: no such thing or legal requirement for suppressors. I dunno why people still hold onto this. It's like the "if you drink pop rocks and coke you'll die" of NFA.
Link Posted: 11/3/2021 12:14:53 PM EDT
[#3]
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Quoted:
Could you also have the second person on your trust do a form 3 transfer from TX to a FL ffl?  That's probably way more complicated though.
View Quote

Non-SOTs cannot do F3 transfers. F3 is between active FFL/SOTs only.
Link Posted: 11/3/2021 12:27:59 PM EDT
[#4]
Link Posted: 11/3/2021 12:28:21 PM EDT
[#5]
Link Posted: 11/3/2021 1:15:25 PM EDT
[#6]
Do #2, and skip the 5320.20. not necessary as mentioned.
Link Posted: 11/3/2021 8:35:00 PM EDT
[#7]
Quoted:


2.  add another local Responsible Person to my trust, have him pick up the suppressor once it is approved at my Texas dealer,
View Quote

Do NOT add another RP until your F4 is approved. Adding an RP before approval means submitting an RP questionnaire to ATF, prints and photos.
1. Tell your Texas dealer, that you are moving and will be adding another RP as soon as the stamp arrives.
2. Have your trust amendment ready to go.How to Amend a Gun Trust to Add a Responsible Person (or remove one)
3. Once added to the trust, your new RP goes to your dealer, fills out the Form 4473 and the dealer does an FBI NICS check. If the new RP has a Texas LTC they are exempt from the NICS check.

Link Posted: 11/3/2021 8:40:54 PM EDT
[#8]
I would call the nfa branch and explain the situation. Ask for expedited review. Tell them you can provide any paperwork they might need to verify the move.

Might get lucky and get a quick approval.


I had a similar situation when I moved from MD back to NC and it was approved a few weeks after my call. YMMV though, the backlog wasnt as bad as it is now.
Link Posted: 11/3/2021 8:48:43 PM EDT
[#9]
Just fly back and get it when it comes in.
Link Posted: 11/3/2021 8:49:57 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I would call the nfa branch and explain the situation. Ask for expedited review....
View Quote

I contacted NFA Division in early September to see about expediting Form 4's for an ARFcommer dying of cancer........nope.
"Expeditious services are only authorized for military PCS orders or law enforcement official duty use."
Link Posted: 11/3/2021 8:51:35 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Just fly back and get it when it comes in.
View Quote

He cannot lawfully do so. He would no longer be a resident of Texas.
NFA firearms can only be transferred by a dealer in the transferees state of residence.
Link Posted: 11/3/2021 9:40:21 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

He cannot lawfully do so. He would no longer be a resident of Texas.
NFA firearms can only be transferred by a dealer in the transferees state of residence.
View Quote


Some states you have 90 days to establish residence.

So it might be worth making the move but not changing the state of residency until after the stamp is approved.
Link Posted: 11/3/2021 10:56:32 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Some states you have 90 days to establish residence.

So it might be worth making the move but not changing the state of residency until after the stamp is approved.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

He cannot lawfully do so. He would no longer be a resident of Texas.
NFA firearms can only be transferred by a dealer in the transferees state of residence.


Some states you have 90 days to establish residence.

So it might be worth making the move but not changing the state of residency until after the stamp is approved.


I’ll need to establish FL residency soon after I move for other (and more important) reasons, so keeping TX residency isn’t an option.
Link Posted: 11/3/2021 11:07:54 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Do NOT add another RP until your F4 is approved. Adding an RP before approval means submitting an RP questionnaire to ATF, prints and photos.
1. Tell your Texas dealer, that you are moving and will be adding another RP as soon as the stamp arrives.
2. Have your trust amendment ready to go.How to Amend a Gun Trust to Add a Responsible Person (or remove one)
3. Once added to the trust, your new RP goes to your dealer, fills out the Form 4473 and the dealer does an FBI NICS check. If the new RP has a Texas LTC they are exempt from the NICS check.

View Quote

Good stuff.  Thanks!
Link Posted: 11/4/2021 10:22:10 AM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Some states you have 90 days to establish residence.

So it might be worth making the move but not changing the state of residency until after the stamp is approved.
View Quote

What a state requires for "residency" is irrelevant.
For the purpose of acquiring firearms, ATF considers you a resident of the state where you reside, ie make your home. There is no time frame. See ATF Ruling 2010-6 State of Residence
Link Posted: 11/4/2021 10:47:54 AM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

What a state requires for "residency" is irrelevant.
For the purpose of acquiring firearms, ATF considers you a resident of the state where you reside, ie make your home. There is no time frame. See ATF Ruling 2010-6 State of Residence
View Quote


Yep, this right here.
Link Posted: 11/14/2021 3:00:29 PM EDT
[#17]
I had this same issue a couple years ago and ended up selling my can in jail to a guy I knew in state who stated the paperwork all over. I got a refund on my application. It sucked because I was 10 months in and got transferred for work with 30 days notice.
Link Posted: 11/20/2021 7:02:59 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Just fly back and get it when it comes in.
View Quote



That's what I did for mine.
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