Out of state move with pending Form 1

[elysianfields]

Hi all, posing this question here since the only attorney I knew that was knowledgeable on NFA unfortunately passed.

I am moving out of state in November and have submitted a 5320.20 to the ATF for my NFA goodies. However, I currently have a pending eForm 4 (suppressor pending 3/7) and eForm 1 (SBR pending 8/12). I know that I am going to probably lose the progress on the suppressor with the eForm 4 and have to start over (such bullshit) but was wondering about the Form 1. I expect I will receive Form 1 approval right before my move and will be unable to get a 5320.20 submitted and approved on time for it. If that happens, am I in the clear to move without the 5320.20? I can hold off on the conversion of my rifle to SBR so I won't be moving an SBR across state lines without authorization. Would I be able to update the address after and then do the conversion?

 

[RevolverJockey]

Following this topic because I am curious how people weigh in. I experienced a similar situation when NFA disapproved my 5320.20 on the basis the item submitted was not found in the registry and directed me to provide proof of the registration (which there was not time for). In the end I don’t know that I handled it 100% correctly, but acted in good faith and it all worked out.

As far as your situation, my instincts say you should fax the NFA and ask them to void the Efile Form 1 submission and resubmit after the move since those approvals are generally quick. 

For the Form 4, I think you only have two options. 1) withdraw the from, have it transferred to a dealer in your new state and resubmit. 2) move, don't change your license, await approval, submit a 5300.9 and 5320.20 with a permanent relocation to your new state and when the 5320.20 is approved, go back to the old state and collect the form 4 item. That seems to make sense for an MP5 priced item, but probably not a suppressor. I think either way if you no longer have a valid ID with the Form 4 address, there really isn’t away to get it transferred to you.

I once had this vision that the NFA has this big computer display and knew exactly where everything was at every moment but much like everything else in the government, it’s layered with errors and inefficiency. Through a human error I missed getting a 5320.20 approved to relocate something from Washington to Arizona and it went unnoticed for a year until I was getting to move within the same city in Arizona. I submitted the forms for all my NFA items including the one in Washington on paper and they were approved. No “what is this!? This item is in Washington!!” letter anything.

Last recommendation, email NFA@ATF.GOV with your name, number, make, model serial number as well as transferors name and request a call to see if they have any recommendations. There have been cases where submitted Forms were changed but that isn’t an absolute certainty. My very first Form 4 was submitted with the SOT address WAY wrong and they let them change it. Things happen. Good luck.

[rob1]

On 9/21/2022 at 1:56 PM, elysianfields said:

Hi all, posing this question here since the only attorney I knew that was knowledgeable on NFA unfortunately passed.

I am moving out of state in November and have submitted a 5320.20 to the ATF for my NFA goodies. However, I currently have a pending eForm 4 (suppressor pending 3/7) and eForm 1 (SBR pending 8/12). I know that I am going to probably lose the progress on the suppressor with the eForm 4 and have to start over (such bullshit) but was wondering about the Form 1. I expect I will receive Form 1 approval right before my move and will be unable to get a 5320.20 submitted and approved on time for it. If that happens, am I in the clear to move without the 5320.20? I can hold off on the conversion of my rifle to SBR so I won't be moving an SBR across state lines without authorization. Would I be able to update the address after and then do the conversion?

 

No attorney is needed for this. You need to call the NFA branch and let them know of the pending move. Provide them with some sort of proof via email so they know its a legit request. They will expedite your pending applications and interstate transfer forms. Speaking from personal experience. They need a little lead time but not much. November is enough time. It all boiled down to communication with a branch chief. Good luck!

[taylorwso]

I've had this happen more than once being in the military.

 

Easy button, call them/email and tell them you are moving and see if they can help. They usually do.

Next just let it ride: Don't change residency, come back and pick it (form 4 stuff) up. I did this when i was going back and forth for awhile.

I would do nothing with the form 1, let it get approved before/after move, then send the .20, then make a sbr.

 

 

 

[elysianfields]

Thank you all. Sorry for the late reply, I wasn't subscribed to replies and I've dealing with Hurricane Ian.

I will need to call the NFA branch, I am at the 1 week mark from sending the 5320.20 via email and haven't received any confirmation of receipt or approval, etc. I will try my luck and request they expedite my current eForm 1 and 4 and make sure they received my 5320.20. I didn't think they extended the courtesy of expedited review to non-military folks, but I am within the approval window for both, so hopefully they go for it. I'll report back. 

[rob1]

13 hours ago, elysianfields said:

Thank you all. Sorry for the late reply, I wasn't subscribed to replies and I've dealing with Hurricane Ian.

I will need to call the NFA branch, I am at the 1 week mark from sending the 5320.20 via email and haven't received any confirmation of receipt or approval, etc. I will try my luck and request they expedite my current eForm 1 and 4 and make sure they received my 5320.20. I didn't think they extended the courtesy of expedited review to non-military folks, but I am within the approval window for both, so hopefully they go for it. I'll report back. 

Just make sure you ask to talk to a supervisor. They might ask for proof. Job acceptance letter in the other state or email correspondence etc. They treat everyone the same be they military or civilian. They are not allowed to discriminate. Its a federal agency you are dealing with and all Americans are treated equally.

[elysianfields]

OP Update: Called into NFA branch and explained situation and requested expediting of forms since I am literally days from approval. They told me they couldn't do it and they wouldn't let me speak to a supervisor since they are eForms. They directed me to the "Ask the Experts" function on the eForms site.

I submitted a "Ask the Experts" question and await the reply. I am not very hopeful. 

[taylorwso]

On 9/29/2022 at 11:08 PM, rob1 said:

 They are not allowed to discriminate. Its a federal agency you are dealing with and all Americans are treated equally.

lol

[rob1]

On 10/11/2022 at 0:52 PM, elysianfields said:

OP Update: Called into NFA branch and explained situation and requested expediting of forms since I am literally days from approval. They told me they couldn't do it and they wouldn't let me speak to a supervisor since they are eForms. They directed me to the "Ask the Experts" function on the eForms site.

I submitted a "Ask the Experts" question and await the reply. I am not very hopeful. 

 

Might try the email below in addition. Call back again and ask to talk to a govt employee. It might be a contractor you spoke with.

Contact Information
General Questions, Directory Services, Status Inquiries - (304) 616-4500

Government and Law Enforcement Specific Questions - NFA@atf.gov(link sends e-mail)

Specific Form Processing Questions - IPB@atf.gov(link sends e-mail)

All Special Occupational Tax related questions - SOT@atf.gov(link sends e-mail)

Expedite Requests, VOIDS and Withdrawals, General Questions - NFAFAX@atf.gov