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12/11/2011 11:14:22 AM EDT
Interested in any tips from those who have gone through the process.

Is a simple letter enough, or should I produce an affidavit and have it notarized?
12/11/2011 4:29:11 PM EDT
[#1]
was the form 1 approved?
12/12/2011 4:03:45 AM EDT
[#2]
yes.
12/12/2011 4:05:39 AM EDT
[#3]
Quoted:
yes.


You can get a refund?
12/12/2011 5:16:52 AM EDT
[#4]
I am not sure you can get a refund if it was approved.
12/12/2011 5:19:12 AM EDT
[#5]
Quoted:
I am not sure you can get a refund if it was approved.


I'm pretty sure you can. IIRC. Never done it myself, but I've heard of it happening.
12/12/2011 5:44:36 AM EDT
[#6]
Quoted:
I am not sure you can get a refund if it was approved.


You can, as long as the weapon was never built. Once it was built, you can have the item removed from the registry, but you wouldn't get a refund. I'm not sure if there is a form letter out there to copy off of, but someone might have one some where.
12/12/2011 5:52:38 AM EDT
[#7]
Quoted:
Quoted:
yes.


You can get a refund?


From the instructions on the Form 1:

5. Cancellation of Approved Application. An approved application may be cancelled only if the firearms had not been made or modified. The maker must return the approved application with a written request for cancellation, citing the need and that the making of the firearm did not take place. The NFA Branch will arrange for a refund of any tax paid


I guess I will type something up, send it in, and see what happens.

12/12/2011 9:00:45 AM EDT
[#8]
Quoted:
Quoted:
Quoted:
yes.


You can get a refund?


From the instructions on the Form 1:

5. Cancellation of Approved Application. An approved application may be cancelled only if the firearms had not been made or modified. The maker must return the approved application with a written request for cancellation, citing the need and that the making of the firearm did not take place. The NFA Branch will arrange for a refund of any tax paid


I guess I will type something up, send it in, and see what happens.



This...

The worst they can do is say no refund, but we've updated the registry.
12/12/2011 9:13:13 PM EDT
[#9]
I had to get a refund on a Form 4 suppressor which I was unable to transfer (long story, Form 4 took 20 months, in the meantime, the FFL went out of business, and BATFE local office took possession of the can).  You just have to send BATFE a letter, in which you identify yourself and the firearm, and notify NFA Branch that the weapon was never built, so you are requesting a transfer.  Just be warned, it will take 3-6 months, at a minimum.

In case anyone reads this and gets to thinking they can pull one over on BATFE, be warned, submitting a Form 1, getting an approval, requesting a refund, but using the Form 1 to fool people into thinking your gun is on the registry is a felony, punishable by up to 10 years in prison and up to a $250,000 fine.  (You don't have to mail the approved Form 1 or 4 back to BATFE.  There is a decent secondary market of stamp collectors who will pay for cancelled NFA tax stamps, though.)
12/14/2011 5:01:44 AM EDT
[#10]
Thanks for the info. For the Form 1 at least they instruct you to return the approved application, but yeah, risking Fed prison for $200 would seem to be the height of foolishness.
12/15/2011 10:04:44 PM EDT
[#11]
Quoted:
Thanks for the info. For the Form 1 at least they instruct you to return the approved application, but yeah, risking Fed prison for $200 would seem to be the height of foolishness.


It's a pretty common practice to carry a photocopy around, rather than an original copy.  So, someone making a copy and sending the original back for their refund and then using the copy to fool the infrequent RSO wouldn't surprise me.  It'd definitely be stupid to do it, though.
12/17/2011 5:07:28 PM EDT
[#12]
bummer!
12/18/2011 12:03:40 PM EDT
[#13]

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