Approval after out of state move?

[CS1983]

I'd like to do another can, but I'm in a bit of a moving limbo. I might be in CO another month or another year -- unsure.

If I were to do a can via trust and then move while the tax stamp is still in processing, how does that work?

Would the dealer be able to simply mail it and the stamp to me in the new location?

Would I have to return to take physical possession?

Would it require notification to the Gesta... err, BATFE before taking possession?

Etc.

[Great-Kazoo]

Keep the CO address till approval. IF you move prior to approval, there's paperwork to get it transferred to a FFL in the relocation state. Plus possibly another form 3 transfer fee & wait time. If it's a silencer shop purchase they can work with you.

Best bet is to call the NFA branch of the ATF.


Still going to OKlahoma?

[CS1983]

Re: Oklahoma: Trying to figure that out. We've been doing a lot of number crunching, really trying to make sure we aren't missing something somewhere, confirming everything 3x over, reading opposing viewpoints and researching potential contraindications for moving's sensibility. Once we are 99% sure on financial aspects, we plan to take a trip to get a feel for various areas around Tulsa and Bartlesville. After that, I'll start applying to particular companies that have a foothold in oil and gas industry's stable service aspects (e.g., no boom and bust places). Once we jump, we either enter the wormhole of Okie living or go splat. No way I could come back into COS w/ same pay, housing cost, etc. When we go, we go and go for good. As such, it's not a process I am going into lightly.

[Irving]

Not to muddy the thread, but look into joining shooting ranges, because you likely won't be shooting in the public. Or buy a ton of acreage, which is probably your plan.

https://www.summitpost.org/public-and-private-land-percentages-by-us-states/186111

[CS1983]

I don’t shoot on public land here either, so that aspect is a bit of a wash.

[Irving]

Didn't think so, but just checking.

[Circuits]

If I were to do a can via trust and then move while the tax stamp is still in processing, how does that work?

Would the dealer be able to simply mail it and the stamp to me in the new location?

Would I have to return to take physical possession?

Would it require notification to the Gesta... err, BATFE before taking possession?


You or someone who is still a resident of CO would need to be here in CO to take physical possession from the transfer FFL. With a trust, you could add a good friend to the trust to pick it up from the Colorado FFL in the name of the trust, and then work out getting it to you in your new state and filing the permanent change of address via a 5320.20. Note that the permission slip is not needed to move a suppressor interstate, but ATF will process it for the permanent change of address notification. There will still be wrinkles in moving a Title 2 firearm (which a suppressor still is) interstate.

The dealer will not be able to simply mail it to you in your new location, if that location is in a different state, and you would not be permitted to pick it up from the Colorado FFL if you are no longer a resident of Colorado at that time.

If you're able to make a trip back to CO to do the pickup, and still have valid CO ID and are legally still at least a partial-year resident of Colorado, that'd be the easiest.

If you have no nexus to CO left or are unable to make the trip, and can't or won't add a CO resident to your trust to do the pickup, you'd need to cancel the in-progress Form 4, find a transfer dealer in your new state, have the CO FFL send it to the new transfer dealer, and refile the Form 4 with the new dealer in the new state. It may be possible for ATF to expedite some or all of that, but it's not guaranteed and you'd certainly be looking at another transfer fee from the new dealer in the new state.

[SouthPaw]

What part of OK are you looking at it? Depending on what you do in the field, we have work over there and I might be able to help you out should you decide to go.

[CS1983]

You or someone who is still a resident of CO would need to be here in CO to take physical possession from the transfer FFL. With a trust, you could add a good friend to the trust to pick it up from the Colorado FFL in the name of the trust, and then work out getting it to you in your new state and filing the permanent change of address via a 5320.20. Note that the permission slip is not needed to move a suppressor interstate, but ATF will process it for the permanent change of address notification. There will still be wrinkles in moving a Title 2 firearm (which a suppressor still is) interstate.

The dealer will not be able to simply mail it to you in your new location, if that location is in a different state, and you would not be permitted to pick it up from the Colorado FFL if you are no longer a resident of Colorado at that time.

If you're able to make a trip back to CO to do the pickup, and still have valid CO ID and are legally still at least a partial-year resident of Colorado, that'd be the easiest.

If you have no nexus to CO left or are unable to make the trip, and can't or won't add a CO resident to your trust to do the pickup, you'd need to cancel the in-progress Form 4, find a transfer dealer in your new state, have the CO FFL send it to the new transfer dealer, and refile the Form 4 with the new dealer in the new state. It may be possible for ATF to expedite some or all of that, but it's not guaranteed and you'd certainly be looking at another transfer fee from the new dealer in the new state.

I was under the impression the 5320 isn't required for suppressors, inter or intrastate.

[CS1983]

What part of OK are you looking at it? Depending on what you do in the field, we have work over there and I might be able to help you out should you decide to go.

Tulsa/Bartlesville area most likely.

[SouthPaw]

We are the McAlester area.

[Irving]

I was under the impression the 5320 isn't required for suppressors, inter or intrastate.

Is it possible that there is a difference between a trip, and a permanent relocation?

[Circuits]

I was under the impression the 5320 isn't required for suppressors, inter or intrastate.

I said in the first paragraph, next to last sentence, which you quoted, that it is not necessary, but it is an easy and convenient way to register a permanent address change.

[CS1983]

I said in the first paragraph, next to last sentence, which you quoted, that it is not necessary, but it is an easy and convenient way to register a permanent address change.

Right, but I meant in regard to a change of address notification simply (whether in the form of 5320.20 or a simple letter). It was my impression that such notification was not set forth for AOW or Suppressors as legally required per Federal law/code/regulation

Every official thing I can find excludes those two categories.


I have a NFA firearm and I’m moving. What do I do?








A registered possessor of an NFA firearm, other than an FFL/SOT, may not lawfully transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle, without prior written approval of ATF, specifically the NFA Branch. Approval for the transportation may be obtained by either a written request, or an approved application filed with ATF on Form 5320.20, Application to Transport Interstate or to Temporarily Export Certain NFA Firearms. Please note that applications to transport NFA firearms will be approved only if consistent with all State and local laws.

[18 U.S.C. ? 922(a)(4); 27 C.F.R. ? 478.28]

https://www.atf.gov/firearms/qa/i-have-nfa-firearm-and-i%E2%80%99m-moving-what-do-i-do

[Circuits]

Every official thing I can find excludes those two categories.


There is no legal requirement to request permission for moving those two categories interstate.

There is no legal requirement ever to notify the ATF of an address or permanent configuration change, except in the case of interstate relocation of items not excepted in those two categories, but ATF does request that you do so. ATF is required to keep the NFRTR up to date, but that does not impose a burden upon a non-licensee to comply with their requests in that manner. Any such reporting is purely voluntary.

The only thing you are legally bound to do, under 27 USC 479.141 and .142 is timely notify the ATF upon discovery of the loss, theft or destruction of either NFA firearms, or your NFA firearms registration documents.

[CS1983]

There is no legal requirement to request permission for moving those two categories interstate.

There is no legal requirement ever to notify the ATF of an address or permanent configuration change, except in the case of interstate relocation of items not excepted in those two categories, but ATF does request that you do so. ATF is required to keep the NFRTR up to date, but that does not impose a burden upon a non-licensee to comply with their requests in that manner. Any such reporting is purely voluntary.

The only thing you are legally bound to do, under 27 USC 479.141 and .142 is timely notify the ATF upon discovery of the loss, theft or destruction of either NFA firearms, or your NFA firearms registration documents.

That was my impression as well. I keep finding conflicting info, though (unsurprising, as a lot of what I'm finding is speculation on forums and various gun blogs). I guess at some point Form 4 was amended to reflect change of address issues:

"Change of Address: Unless currently licensed under the Gun Control Act, the registrant shall notify the NFA Division, Bureau of Alcohol, Tobacco, Firearms and
Explosives, 244 Needy Road, Martinsburg, WV 25405, in writing, of any change to the address in item 2a."
https://www.atf.gov/firearms/docs/form/form-4-application-tax-paid-transfer-and-registration-firearm-atf-form-53204/download

But that's 1) not the law and 2) makes no sense, since the 2a box is the transferee's address, which has no legal bearing on the permanent address of any particular item -- at least for trust-held items.

Thanks again, Circuits, for your detailed posts on this.

As for the original post's intention, I'll likely just wait a little longer as the only other person on the trust aside from my wife is potentially moving to Montana TBD.

[Great-Kazoo]

There is no legal requirement to request permission for moving those two categories interstate.

There is no legal requirement ever to notify the ATF of an address or permanent configuration change, except in the case of interstate relocation of items not excepted in those two categories, but ATF does request that you do so. ATF is required to keep the NFRTR up to date, but that does not impose a burden upon a non-licensee to comply with their requests in that manner. Any such reporting is purely voluntary.

The only thing you are legally bound to do, under 27 USC 479.141 and .142 is timely notify the ATF upon discovery of the loss, theft or destruction of either NFA firearms, or your NFA firearms registration documents.

While filing a 5320.20 for the Firearm related NFA items i asked them should i do the same for the suppressors. Only if you want to, but not necessary. Which is what you also said.


As one who did a few 5320.20 for permanent change of address, after doing them for traveling out of state. You do not get a new F4 or 1 with different address. They send you an approval signature on the forms you sent in, nothing more.