If I put my original barrel back on my SBR or SBS, can I take it across state lines without using an ATF Form 5320.20?
If you no longer own the barrel, you can do this, but if you still own or possess the short barrel, the item is still restricted by the NFA unless you remove the item from the NFA by contacting the ATF.
If you want to make a permanent change to the SBR or SBS, it should be removed from the NFA and will not then be regulated under the NFA. If the owner maintains possession or control over the short barrel riffle or shotgun they should be careful about constructive possession of an SBR or SBS. While there is no requirement to notify the ATF of the transfer of an item which has been removed from the NFA, the ATF does recommend that you notify the NFA branch of such changes in writing so that the possessor is not mistakenly identified as the owner if the firearm is later used in a crime.
Until the firearms is removed from the NFA registry, it will have the same restrictions regardless of the current barrel length. You can not put a longer barrel on to bring to a state where a short barrel is permitted or avoid the necessity of a 5320.20 to cross state lines. Once a SBR or SBS it will always be a SBR or SBS until the item configuration is changed and the gun is removed from the registry. If removed, you can not the original Form 1 to change it back to an SBR or SBS at a later date
According to the July 2010 Training handbook, the ATF states that the Statute of Limitations for a violation of the NFA is 3 years
If you still own or have control over the barrel or parts required to assemble the SBR or SBS, the firearm would still be subject to NFA transfer and possession regulations. ATF recommends contacting State law enforcement officials to ensure compliance with state and local law. (In Florida and some other states, possession of a barrel and receiver which could be made in a SBR or SBS is a crime unless the firearm is registered as a SBR or SBS under the NFA.)
If you do not have the barrel the firearm is no longer a SBR or SBS.
Under the NFA the serialized receiver is what is recorded for registration in the National Firearms Registration and Transfer Record (NFRTR)
Unfortunately, the answer is no. The ATF considers the trust as a separate legal entity and the tax must be paid for the additional transfer. Given that this is essentially an tax by the IRS, it would seem logical that the tax would be waived because a revocable trust is a pass through entity and not taxed. As far as I know this has not been challenged because it is only $200 for the transfer and the cost to fight it would be many thousands of dollars.
Auction arms has a FFL Finder that may help you find a local dealer to do your Class III Transfers. Check out the FFL Finder.
While times have varied greatly over the last few years, it appears that the time your ATF Form 4 or Form 1 will take for approval seems to be tied to who the examiner is. A website NFATRACKER.com is collecting information on the times and offers some reporting on how long various transfers are taking. While the site is gaining speed and beginning to gather data, anyone who has a recent transfer should go and record your results. It is easy to create a login and select the type of item and whether you were an individual trust or corporation and the dates that certain events took place. So far we do not know how or if there is a way to pick who your examiner is by what the name of your trust is. The site’s manager has stated that one reader seems to have found that there is some correlation between the name of the dealer and the examiner but it is still unknown if you can do anything to improve the time you trust takes for approval. If we figure anything out we will keep you updated. If you need help finding a local NFA Gun Trust attorney, have questions about a trust, or want to create a Valid NFA trust Contact Us.
If a NFA Trust or Gun Trust is not funded, it does not exist. It’s important to have a trust funded for it to exist. This is one of the reasons ATF requires an Schedule A or Assignment Sheet. This shows that there are assets in the trust. Many Trusts are rejected by ATF as invalid because of their appearance of being invalid by not having any assets. Many states do not have a requirement to include a list of assets with the trust or even proof that it has been funded but ATF has a checklist and will not approve a transfer to a trust without including a Schedule A or Assignment to the trust. If you trust was rejected by ATF and would like to know why, we and our network of over 100 lawyers can help you determine what needs to be done to your trust and if there are problems with the design of your trust in regards to NFA firearms.
While its legal to give someone a form for a trust or will to fill out, its illegal for a non-lawyer to help them complete the form or fill it out for them. Gerry Beyer of the WIlls, Trust & Estate Prof Blog brought my attention to this issue. Many software manufactures, firearms manufactures, gun stores, and individuals do not understand that the act of helping someone create legal documents without a license to practice law is the Unauthorized Practice of Law (UPL) and a crime in every state. The reason these actions are prohibited by state law is that individuals without the proper legal knowledge and background tend to give wrong, inaccurate, and misleading advise to others who can be harmed by the misinformation.
Take for example the Silencer manufacture in the Midwest, who use to post a free trust for their clients. While a lawyer could have taken that trust and completed it correctly, it was missing some very important language which made the trust invalid in almost every state. The ATF was approving these trusts for a while, but as these individuals have been going back to make new purchases, they are being told that their trust is not valid.
Likewise, there are many examples of Quicken trusts that are posted on the INTERNET. Besides being inappropriate for NFA firearms, which a non-lawyer would not understand, many are not valid in other states. We have seen many people trying to use an Arizona trust in Florida. The problem is Florida has different requirements for a valid trust than Arizona and while if the trust was created in Arizona it might be valid, if it is created in Florida it will not comply with the Florida Trust Code. We see these issues all over the country and this is why we work with more than 100 lawyers in over 40 states to help individuals and their families prepare valid trusts that deal with the unique issues of NFA firearms ownership, transfer, possession, and use.
NFA Gun Trust Lawyer Blog