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Govt. Shutdown and NFA Items...post your pain here..


Sorceress 21
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I need an approved 5320.20 to come back or my SBR is stuck far away. At least I was able to move my suppressor. I can't imagine the frustration you guys waiting for Form 1's and 4's gotta be feeling right now...could literally be over a year on top of normal processing times....

Edited by Sorceress 21
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Not saying my form is more important but not having anyone working 5320's is absurd. This can stop people from moving. For the change of address there is no reason one shouldn't be able to walk into a field office and have an agent sign off on it. I mean damn. What a hassle.

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10 minutes ago, Sorceress 21 said:

Not saying my form is more important but not having anyone working 5320's is absurd. This can stop people from moving. For the change of address there is no reason one shouldn't be able to walk into a field office and have an agent sign off on it. I mean damn. What a hassle.

 

I believe that's the point of it all.

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What really sucks is that new applications get sent to a PO box that Bank of America picks up. They pull the checks for deposit and send the rest of the packet along to ATF, so checks are still being cashed but not a thing is happening after that.

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If you build your SBR back into a title 1 type firearm, you can transport it where ever you want.  You will need to keep it as a title 1 weapon (but can store it anywhere you can legally have that type of gun) until you get your form 20 back. After the 20 comes back you can move the SBR to your new home.

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10 hours ago, JohnGaltOU812 said:

If you build your SBR back into a title 1 type firearm, you can transport it where ever you want.  You will need to keep it as a title 1 weapon (but can store it anywhere you can legally have that type of gun) until you get your form 20 back. After the 20 comes back you can move the SBR to your new home.

 

No, LOL. It's the lower that's registered, not the upper, thus it doesn't matter what upper is or is not on it. I'd have to "de-register" it by writing a letter to the ATF requesting it be returned to Title 1 status then wait unti they acknowledge it's been removed from the NFA registry - THEN I no longer have an approved SBR and woudl have to go back through the tax stamp process to re-register it, no Thank you. Throwing a 16 in carbine upper on it, for example, does not magically make it a non-NFA lower any more than replacing a FA trigger group in a registered MG lower would make it a non-NFA semi-auto. Once you register a lower, that's it until you go thru the paperwork process to un-register it as non-NFA.

 

I've seen this discussed before and there is some confusing info in the ATF FAQ on this topic. But when you look at the actual Federal code there is no stated relief. Think about this from their point of view, doing what you suggest is an intentional circumventing of: [18 U.S.C. 922(a)(4); 27 CFR 478.28]. My trust attorney tells me if I threw on a non NFA length upper on it that essentially invalidates the tax stamp.

 

What is legal here and what you would likely ever have to explain are two different discussions but considering the "delicacy" of the NFA issue to begin with I think complying with the law and not trying to get past it through "gray area" interpretation is the best play. The bottom line is that there is no way to legally transport the SBR, keeping it an SBR from my old trust location to my new trust location without losing the SBR status. I have a bunch of rifles, I can live without the SBR for a while.

 

 

Edited by Sorceress 21
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9 hours ago, adair_usmc said:

Someone posted on reddit a pic of a form 1 that had a stamped approval signature from after the shutdown started.  

 

Could be the lag time. They start not getting paid as of tomorrow. Not sure when the NFA processing office actually went on furlough. So you have a good point, my form may have squeaked through.

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I picked up my suppressor today and asked my dealer about this subject.  He told me he received an email from Silencer Shop telling him the ATF has not stopped processing, but it has caused further delays.  For example, his form for transferring from Silencer Shop to his store (form-3 I think) is now taking up to 3 weeks when it was taking 2 days before the shut-down. 

 

My form-4 took 8 month & 1 week.  He also said it has been over two years since he has seen an approval come in in less than 8 months.

Edited by meh77gmc
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39 minutes ago, meh77gmc said:

I picked up my suppressor today and asked my dealer about this subject.  He told me he received an email from Silencer Shop telling him the ATF has not stopped processing, but it has caused further delays.  For example, his form for transferring from Silencer Shop to his store (form-3 I think) is now taking up to 3 weeks when it was taking 2 days before the shut-down. 

 

My form-4 took 8 month & 1 week.  He also said it has been over two years since he has seen an approval come in in less than 8 months.

 

That's very good news!

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Between atf ruling 2011-4 and this letter https://www.guntrustlawyer.com/files/2015/02/Transport-a-Title-II-as-a-Title-1-across-state-lines.pdf

 

You can transport your NFA items built out as complete title 1 items.  But you can't put them back into title 2 status in the new location. You would have to return to the original state with them as title 1 guns then reassemble them as title 2 and then legally transport the title 2 items across state lines.

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1 hour ago, JohnGaltOU812 said:

Between atf ruling 2011-4 and this letter https://www.guntrustlawyer.com/files/2015/02/Transport-a-Title-II-as-a-Title-1-across-state-lines.pdf

 

You can transport your NFA items built out as complete title 1 items.  But you can't put them back into title 2 status in the new location. You would have to return to the original state with them as title 1 guns then reassemble them as title 2 and then legally transport the title 2 items across state lines.

 

Exactly. This is a permanent change of address so that does me no good

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