What do I need to do when my tax stamp arrives?

Posted on March 13, 2014 by John Pierce

TaxStampFor an NFA collector it is truly a special day when an approved Form 4 and the accompanying tax stamp finally arrive.  After all, you have waited long months for this day and suddenly it is here.

But don’t be too quick to grab the car keys and head out the door.  In the excitement of the moment it is easy to forget that there is a small but important administrative task that you must perform before you can go and pick up your new toy from the dealer.

Do you remember when we first drafted your NFA trust? We talked about the need to place an initial asset in the trust and I explained why it could not be the item that you planned to use the trust to purchase … not even if you had already paid for it.

I explained that the trust does not truly ‘own’ an NFA item until the Form 4 has been approved and the tax stamp has been received.  I may have even used the term ‘non-possessory equity interest’ to describe what your prepayment gave you if it wasn’t actual ‘ownership’.

But now you have the tax stamp in hand and you want to go pick up your latest acquisition.  What do you need to do?

The short answer is that the newly approved NFA item must be added to Schedule A of your trust.  As for how this is to be accomplished, you have two option.

If you are comfortable with Microsoft Word, you may use the Word document I provided when we formed your trust to generate a new Schedule A with the newly approved item added to the list of assets.  You will want to include the make, mode, serial number, caliber (if applicable), and tax stamp number.

If this is a step that you do not feel comfortable doing on your own, remember that I am always happy to make this change for you free of charge.  You need only email or call and I will make the change for you and send you an updated copy of the schedule.

Regardless of how it is modified, you will then want to print the new Schedule A, sign and date it, and replace that page in all extant copies of the trust.

With that having been done, you may now take a copy of the trust along with the approved Form 4 and tax stamp and head excitedly to the dealer.

Posted in ATF, BATFE, Form 4, NFA Trusts | Comments Off on What do I need to do when my tax stamp arrives?

What do I need to do regarding my NFA items when I move?

Posted on March 11, 2014 by John Pierce

Moving_Guns

Probably the single question I am asked most frequently by NFA trust clients is “What do I need to do when I move?”

When I mentioned this to one of my law school classmates (who does not own any NFA items) he asked why this particular issue causes so much anxiety in the NFA community?

The answer is simple … NFA collectors understand that the suppressors, short barreled rifles, short barreled shotguns, AOWs, and machine guns they own are some of the most heavily regulated consumer products in the country.

They also understand that violating any one of several dozen ATF regulations can instantly transform a law-abiding citizen into a criminal.  And let’s not forget that, in addition to federal laws and regulations, many states have their own laws governing NFA items which an unsuspecting new resident may inadvertently violate.

So … with that having been said … what do you need to do when you are moving and you have properly registered NFA items?

We start with a key question … are you moving in-state or out-of-state?

I Am Moving In-State

The good news is that if you are moving in-state then there is no legal requirement that you notify the ATF of your new address.  However, up until June of 2013, it was requested that NFA owners send a letter to the ATF when moving in-state so that the NFRTR (registry) could be kept up to date.

Since June of 2013, the ATF has returned such letters with a note that they are no longer accepting address changes in the form of letters and requesting that those wishing to report a new in-state address submit a Form 5320.20.

In summary … you have no legal duty to notify the ATF of an in-state change of address.  If you wish to do so, you should use a Form 5320.20.

I Am Moving To A New State

If you are moving to a new state then the situation is very different.  You have some homework to do before you do anything else.

First, you should know that your trust will remain valid.  Any trust that is validly created under the laws of the state in which it was created will be given full faith and credit by any other state.  In addition, Virginia (like many states) has adopted a version of the Uniform Trust Code.

But just because the trust will remain valid does not mean that you can automatically take your NFA collection to that state.  You will want to have your trust assets reviewed by an attorney licensed to practice law in the state you are moving to who is familiar with both trust law and the NFA.

This attorney will help you determine if there are any state laws which would either prohibit or restrict the possession of one or more of your NFA items.  If so, you have several options.

  • Any joint trustee residing in your current state of residence may store the offending NFA items so long as they retain the status of joint trustee.
  • You may store the offending NFA items in a safe deposit box in your current state of residence. 
  • You may store the offending NFA items at the home of a friend or relative in your current state of residence in a locked room or container to which only one of the trustees has the key or combination.  If you choose this option then you should provide your friend or relative with a copy of the trust, the registration forms, and a letter from the grantor authorizing storage of the firearm at that location.

Once these issues are resolved then you need to apply for, and receive, permission from the ATF to transport your NFA items across state lines prior to the move.  As mentioned earlier, you do this by submitting a Form 5320.20.  Let me say that one more time … you must have an approved Form 20 before you transport any of your NFA items (excepting suppressors and AOWs) across state lines.

And while suppressors and AOWs technically do not require a Form 20 to cross state lines, I strongly recommend that, in the case of a permanent move, you submit a Form 20 for them in any case so that the NFRTR can be updated to reflect your new state of residence.

Finally … once you have your approved Form 20(s) in hand then you may move with confidence.

Disclaimer
I am only licensed to practice law in the Commonwealth of Virginia and may only represent clients who reside in the Commonwealth.

Any discussion of legal issues on this site is limited to the laws of the Commonwealth of Virginia.

Furthermore, postings on the website are intended as advertising material and informational only and do not give rise to an attorney-client relationship.

 

Posted in ATF, BATFE, Form 20, Interstate Move, Intrastate Move, NFA Trusts, SBR, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on What do I need to do regarding my NFA items when I move?

Do I need to submit a 5330.20 if I am using eForms?

Posted on March 7, 2014 by John Pierce

FilesFor those of you who are not familiar with ATF Form 5330.20, it is also known as a Certification of Compliance with 18 U.S.C. 922(g)(5)(B).

For those who are still lost, it is a form on which an NFA applicant certifies that they are a United States citizen or a permanent resident alien.

However, a trust doesn’t easily fall into such categories and therefore the question of whether or not a 5330.20 is required for trust applicants has some history.

At one time the ATF said that they were not required and many, many Form 1 and Form 4 applications were approved for trust applicants without a 5330.20.

Then … several examiners began requesting them and I began recommending that all trust applicants submit a 5330.20 in the name of a trustee with their paper applications.

And now … eForms has entered the scene and we are left with the question of whether or not a 5330.20 should be scanned along with the trust instrument when submitting an eForm 4 or an eForm 1.

The answer, according to the September 17, 2013 eForms Bulletin from the ATF is ‘No.’

On page 2 of the bulletin, the ATF tells us that “When the maker or transferee is a legal entity, Form 5330.20 (generally known as the non-immigrant alien certification) is not required.“

Posted in ATF, BATFE, eForms, Form 1, Form 4, Form 5, NFA Trusts | Comments Off on Do I need to submit a 5330.20 if I am using eForms?

An update on eForms

Posted on February 20, 2014 by John Pierce

ServersIf you have tried to create an account or submit an application at ATFOnline.gov over the last few weeks you are probably aware that the site is experiencing occasional performance issues.

Given the warm response that eForms has received from the industry, it is not surprising that the site is straining to keep up with the increased demand.

The good news is that the ATF is working hard to correct the issues.  After all, they benefit from eForms almost as much as we do.

They sent out the following update today:

“We are diligently working with experts in the field to resolve the issues. Until we can get the issues resolved we will be implementing automated restarts of the server at 4:00 am, 9:00 am, NOON, 3:00 pm, and 11:00 pm eastern time.  We have determined that the restart of the servers clears “stuck threads” on the servers and improves the overall performance of eForms.  We realize that the unscheduled restarts were disrupting your workday and this will allow you to plan around the scheduled restarts.

Restarts will take approximately one hour to complete during which time eForms will not be available.  Again, this is only a temporary measure until a more permanent solution is implemented.”

In other words, eForms will be unavailable for both dealers and individuals during the following hours (Eastern Standard Time):

4:00 am – 5:00 am

9:00 am – 10:00 am

Noon – 1:00 pm

3:00 pm – 4:00 pm

11:00 pm – Midnight

Please remember … if you experience an issue with eForms, do not get frustrated and give up.  The significant amount of time you will save on the processing of your application is well worth a few technology growing pains.

Posted in ATF, BATFE, eForms, Form 1, Form 4, NFA Trusts | Comments Off on An update on eForms

What happens when the trustee that registered a machine gun in Virginia dies?

Posted on February 19, 2014 by John Pierce

Select_FireFollowing last week’s series of updates concerning whether or not a machine gun may be registered to a trust in Virginia, a client asked me a question that I did not have an immediate answer for.

“Since the Virginia State Police’s policy is to register any machine gun owned by a trust to one of the trustees, what happens when that particular trustee dies, becomes incapacitated, or becomes disqualified?”

The client’s concern is valid.  Under the terms of Virginia’s Uniform Machine Gun Act, any machine gun possessed in violation of the law is subject to seizure and confiscation.  That is a severe penalty when you are talking about an item valued in the tens of thousands of dollars.

In other words … this question needed to be answered.

The good news is that I now know who to call at the VSP when I have legal questions about their interpretation and implementation of the machine gun registration process.

For the second time in as many weeks, I called Virginia State Police Legal Services Officer Tom Lambert.

His simple, reassuring answer made so much sense that I feel the need to publicly state that I am truly proud of the Virginia State Police.

The answer?  Whenever the trustee whose name appears on an SP-115 form for a machine gun owned by a trust dies, becomes incapacitated, or becomes disqualified, one of the other trustees of the trust simply needs to send in a new SP-115 containing their information so that the VSP’s registration records may be updated.  This just needs to be done in a timely manner.

Posted in AG Opinions, Form 4, Machine Guns, NFA Trusts, Virginia Law | Comments Off on What happens when the trustee that registered a machine gun in Virginia dies?