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Form 5 for gunsmithing


deerslayer

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I know ATF doesn't require the form 5 for gunsmithing temporary transfer, but I have a customer who wants to do that.  Do you need to fill out all the pages both ways (individual to SOT, then SOT back to individual) or would page 1 be sufficient?  Anybody have any experience on this process?

Dan

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If you do it - it is page 1 only (for individual to SOT),

if used, The Form 5 must be used in  both directions.  I believe the return to the individual must be all pages, but not positive.  

https://www.atf.gov/firearms/qa/may-licensed-gunsmith-receive-nfa-firearm-purposes-repair

send 2 copies to the ATF, each with an original signature.  expect 2 weeks ++ for approval, plus mailing time (both ways)

 

personally, I would try to convince your customer to do it on a letter.  much easier and completely legal.

The times where the customer wants to do a Form 5, I show them the above link to the ATF official policy.

 

Edited by United Surplus Arms
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11 hours ago, eMGunslinger said:

Customer is just asking to over complicate stuff, I'd just pass on the work before dealing with this.

I would agree with this assessment. I would avoid doing work for this customer unless you can convince him that the unnecessary paperwork is unnecessary. I'd like to learn the customer's reasoning for wanting to do the unnecessary paperwork. Sounds like it could potentially be a $3000 headache. Not worth it in my mind.

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Agree with what everyone has said. I did a form 5 for a ring that ATF denied the interstate transport forms on. ATF approved the form 5 then decided they would deny the transfer back to me. Just adds a unnecessary head ache and added time to what should have been easy.

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You might want to plant the seed in his head that if he does a transfer then the gun is titled to you.  Should anything happen to you,  and you can't for some reason file  a form 5 back to him the gun sits in your inventory until whatever happens is going to happen.  Back in the day some 02's got lazy and didn't want to do the return form and atf couldn't do much about it and atf got annoyed dealing with both the customer and the 02 and being in the middle, which is one reason the policy changed.  If it's in for repair, aft could go any time and retrieve it from your shop in a worst case scenario and return it to him.   

Most people charge to do forms, but I'm guessing that won't motivate him?

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My thoughts on this. You have a machine gun worth minimum of $10,000. You want a paper trail of ownership. Form 5 does this. On the form 5. put for repair and return to owner. Name and address on Form 5. for $3000 in work, $50 bucks or for the repair person to fill out a return form 5 is insignificant.

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The paper trail is the owner’s approved form4 coupled with the repair letter.  This is an approved process by the ATF.  The form5 (specific to this case ) is a step beyond that. 

Most risk is mitigated when owners partner with a qualified professional gunsmith who has a long history of performing quality work in an honorable manner. In our community, most of that can be verified through references provided on this site.   In my opinion, a F5 makes owners feel good which I completely understand however, to many gunsmiths, it’s a huge pain in the backside. This is why I asked a question “is it worth the hassle?”.  The answer will differ from person to person and from transaction to transaction. 
 

The gun owner has the right to request the form5 and the gunsmith has the right to decline the opportunity.

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8 hours ago, gftiv said:

My thoughts on this. You have a machine gun worth minimum of $10,000. You want a paper trail of ownership. Form 5 does this. On the form 5. put for repair and return to owner. Name and address on Form 5. for $3000 in work, $50 bucks or for the repair person to fill out a return form 5 is insignificant.

And this helps how?  It is totally unnecessary.  

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