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Discussion Starter #1
Is this legal? We both can legally possess the suppressor? My form 4's may be approved after I move out of state. Thinking Co -Trustee could pick up the can once approved. I can notify the ATF of a permanent address change and then the Co-Trustee could ship me my goodies??
 

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Interesting question. So it seems as though the co-trustee could pick up the suppressor from the SOT and add the suppressor to the Schedule A. Then ATF would have to approve of the address change for the registered NFA suppressor. The question is then what is holding the co-trustee who, according to the trust documents has the legal authority to possess the NFA item from being able to merely send the NFA item to another individual who has the legal authority to possess the item. Are there legal restrictions for postal service employees with regard to possessing the NFA item throughout the shipment process? I think that's an important question. The stamp from the feds only allows those authorized by the trust docs to possess the NFA items. It's a technical issue but also the trust documents may say that an NFA item may only be possessed by a Trustee or Co-Trustee. This definitely doesn't answer your question but I did want to throw these issues out there in an attempt to state that it is complicated and probably includes more legal issues than one may think.
 

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P.S. good luck with your NFA item moving situation. I'm just glad the lease on my apartment lasts through next year, which is after all my expected due dates for NFA approval
 

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Discussion Starter #4 (Edited)
It might night be as simple as it seems. Look at it this way though dealers transfer and ship suppressors to one another. Manufacturers also ship to dealers. FedEx or UPS handles those NFA items in transit.

Also not 100% sure but with a CAN I think that you only have to notify the ATF of the address change. I don't think that you have to wait for an approval.

I called today for the first time. They said that my Nov. 1st pending a should be completed by Sept...ouch..
 

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Did you e-file or paper snail-mail file? I had read that e-filed requests were clearing in as little as 90 days, but paper requests were backlogged 12-15 months. I ask because I e-filed a pair of Form 1's two weeks ago and I am going to be a sad puppy if I have to wait a year :(
 

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I think you have to do a 5320-20 for moving it across state lines. But the co-trustee has as much rights as you do concerning possession and transport. Just have to figure out the right way to ship. Shouldn't be an issue.
 

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You can absolutely ship the suppressor to another state if it's to yourself or another trustee. (The state shipping to must allow NFA suppressors though). Do not use the USPS, use UPS or Fedex. Only suppressors are legal to do this. You can't ship any other NFA items without ATF approval. I live in Georgia and have a summer home in Pennsylvania. I ship the suppressors to the summer house whenever I go up.
 
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P.S. good luck with your NFA item moving situation. I'm just glad the lease on my apartment lasts through next year, which is after all my expected due dates for NFA approval
Happened to me after we weren't allowed to renew our lease, I sent in address correction to ATF and still had them mess it up. An even longer wait….
 

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Individuals are not required to file a Form 5320.20 with ATF prior to a transporting AOWs or suppressors interstate on a temporary basis. Nevertheless, individuals are advised to be aware of the laws within the destination state. For the cautious, a Form 5320.20 may be submitted for suppressors and AOWs, even though prior ATF approval is not required for these types of NFA firearms.


A permanent change of residence to a new state requires notice to ATF. Again, a Form 5320.20 is used to document the permanent interstate move, with notice provided to ATF for all types of NFA firearms – AOWs and suppressors included. Similar to a temporary move, ATF will generally approve the permanent change of address if the destination state allows NFA firearms. In some cases, certain NFA types of firearms may be permitted, while other types are not. For example, Washington State allows the possession of Any Other Weapons, suppressors, and destructive devices, but prohibits the possession of machine guns, short barreled rifles, and short barreled shotguns. A request to transport any of the three prohibited types of firearms to Washington State on a temporary or permanent basis would be denied by ATF. When in doubt, seek advice from ATF directly or competent legal counsel familiar with NFA firearm regulations.

Travelling and Shipping NFA Firearms | Firearms Law Group
 

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Discussion Starter #11 (Edited)
I unfortunately, snail mailed it. This was about two months before they devised e-file/form whatever. I called the other day for the first time. The lady was very nice but the info was disappointing. She said that it went pending in November and should be complete by September.....:p

Using a trust do you have to sign any forms when picking up the suppressor? I think as an individual they run another back round or NCIS check. With a trust the NFA item is getting registered to the trust not an individual. I wonder what info my dealer would want to see if my co-trustee (brother) picked up instead of me? Would he have to sign any form? If so I imaging it would be signed his name Co-Trustee?
 

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Discussion Starter #12 (Edited)
Individuals are not required to file a Form 5320.20 with ATF prior to a transporting AOWs or suppressors interstate on a temporary basis. Nevertheless, individuals are advised to be aware of the laws within the destination state. For the cautious, a Form 5320.20 may be submitted for suppressors and AOWs, even though prior ATF approval is not required for these types of NFA firearms.


A permanent change of residence to a new state requires notice to ATF. Again, a Form 5320.20 is used to document the permanent interstate move, with notice provided to ATF for all types of NFA firearms – AOWs and suppressors included. Similar to a temporary move, ATF will generally approve the permanent change of address if the destination state allows NFA firearms. In some cases, certain NFA types of firearms may be permitted, while other types are not. For example, Washington State allows the possession of Any Other Weapons, suppressors, and destructive devices, but prohibits the possession of machine guns, short barreled rifles, and short barreled shotguns. A request to transport any of the three prohibited types of firearms to Washington State on a temporary or permanent basis would be denied by ATF. When in doubt, seek advice from ATF directly or competent legal counsel familiar with NFA firearm regulations.

Travelling and Shipping NFA Firearms | Firearms Law Group
Maybe talking to the ATF and requesting the form be expedited because of the move? Perhaps if I sent them a signed real state contract for the sale of my home as proof they might help me out?
:th_shrug:
 

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Didn't realize what the actual question was here.

Anyone who is a legal Co-Trustee can pick up the silencer when it comes in.

The trust is a legal entity. The trust is the one purchasing the silencer. The trust is the one picking up the silencer. The trust is whoever is defined in the trust as a trustee.

That said, just because its the law doesn't mean the people involved will play ball. I would talk to your dealer, explain the situation (or the minimal amount of info needed re: the situation anyways, which is that you will be having your brother who is co-trustee pick up the silencer), that you checked with your gun trust lawyer and they confirmed that any trustee can pick up the item

If the silencer is moving geographic (state) locations permanently, e.g. he picks it up and wants to send it to you, the trust files the 5320.20 to tell the ATF that it's moving from StateA to StateB as its permanent home.

Disclaimer: This is not legal advice. Consult your own gun trust lawyer. Etc.
 

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Discussion Starter #14
When you make notification of a permanent address change for a suppressor do you have to wait to get the form back before you move? I would think that you could take the can with you as you technically don't need a 5320.20 for a temporary move. However, if they denied the permanent you would have to get it back to the original location.

Man why can't this stuff be easier?
 
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