ok Im adding another item to my trust. Im not sure if I need to add the item to my Assignment of Property or just to the schedule A. Also when I send the form 1 off to the ATF do I just need to send the copy of the Trust, the form 1, and the check? Or is there more?
NFA Trust Question
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bobthefisher
Durka ninja
NO! Do not put any item on the schedule A until you receive a stamp back for that item. I just send two copies of everything. (2) Form 1's completed (2) 5330.20 "Certification of Compliance" citizenship forms (2) Trust w/ schedule A (1) $200 check made out to the Dept. Of Justice. I also usually put a cover letter in with the "packet" stating what it is and why there's no photos and fingerprints, but that's just something I do so whomever reviews it has a better idea (not required).
matt_yamaha_guy_450
Active Member
I just got a trust and I'm waiting for my first purchase to clear have you bought anything recently with your trust? Ive heard 6-7 months is the norm..
The way I understood it, there is nothing wrong with putting an item (suppressor in my case) in the Schedule A.
Line of thinking is that it is fully legal to "own" such an item, just not possess it. Since I didn't take possession until the paperwork cleared (and had paid for, therefore owned the item), it went on the Schedule A.
Line of thinking is that it is fully legal to "own" such an item, just not possess it. Since I didn't take possession until the paperwork cleared (and had paid for, therefore owned the item), it went on the Schedule A.
bobthefisher
Durka ninja
Then thumbs up for you
As you got lucky and the reviewers didn't catch that small mistake. It has happened to many before you. That being said, you DO NOT, I repeat DO NOT PUT ANYTHING ON THE SCHEDULE A UNTIL YOU'VE RECEIVED THE STAMP. I've had this verified by my NFA trust lawyer, experts here, and multiple calls to the ATF. Sorry for yelling 
As far as wait time. I sent two Form 1's in early November and got them back mid April, almost six months to the day the check was cashed. So I would guestimate about 6-7 months. They came back just after I left for Af-ghan-o-land. Arrg! The wait is killing me. It's an SBR for an HK94/MP5 clone and an AR15.
bobthefisher
Durka ninja
Unfortunately, from my understanding until you have the stamp you are neither the owner or have possession, even though you paid upfront. Until the stamp comes back it is still on the books with the FFL, therefore it's still technically their property. Hence, why it does not go on the Schedule A. Think of it more of a contract you placed with the FFL, he'll give you ownership/possession of the item once the paperwork is approved by the ATF. If you're approved and he doesn't transfer the item, then he's breaking the law/contract and you can sue him and take him to court. Possession and ownership are terms thrown around a lot in these circumstances. Basically defined, and this maybe obvious, but once the stamp comes back, you become the owner of such item. Possession merely dictates who is holding such item at any given time. If you're the owner, then you're lawfully allowed to posses such item, as are any of you're trustees. I hope that clears things up a little. Please keep commenting if you need things clarified more, I'll do my best to answer it accurately.
Afdiesel
Member
I knew this thread was on here from a while back. I just called the BATF today to check on some transfers and was told that the form was sent back to the dealer for a "correction" that was all she would say. I know that the trust was sent in with the machine gun and suppressor listed on the schedule A.
Has anyone ran into this issue recently? These are my first two stamps to come in and I jumped head first into this game, I still have four machine guns and a few suppressors in the system later.... My dealer hasn't gotten the forms yet so were not exactly sure of the problem yet but this issue has weighed on me since the forms were sent in.
Somebody please make me feel better! This is my first experience with the BATF and right now I'm just in limbo hopefully worrying about nothing.
Has anyone ran into this issue recently? These are my first two stamps to come in and I jumped head first into this game, I still have four machine guns and a few suppressors in the system later.... My dealer hasn't gotten the forms yet so were not exactly sure of the problem yet but this issue has weighed on me since the forms were sent in.
Somebody please make me feel better! This is my first experience with the BATF and right now I'm just in limbo hopefully worrying about nothing.
Lex Armarum
Ultimate Member
- Oct 19, 2009
- 3,450
Bob is correct. Do not list any NFA item on the Schedule A until the ATF approves ownership. The Schedule A is a list of property held in trust. How can you hold something in trust that you do not possess?
Afdiesel
Member
That was my argument but the dealer said that they always listed the item on the schedule A when doing the form. We had a discussion about it and he said that was the way to do it. He's the one who should know better than me. I even brought up the point of the schedule A says that your storing the item at a certain address while it is in the dealers possession because it hasn't been approved for you to possess yet. Like I say I'm new to this and just trying to get my guns...
bobthefisher
Durka ninja
That sucks man! Yes, your dealer should have known better, as like you said proper trusts will define the schedule A as being held property. On the upside paperwork fiascoes for NFA items usually only tack on an extra month, as they're currently under review. Typically you will not have to wait another 6-9 months for the approval.
If you don't mind us asking, which dealer did you do your paperwork through? Not trying for a witch hunt, or any close to being mean, just curious if its someone who's new or has been in the business for a while. Trying to figure out a trend to see if the NFA branch is being more thorough with trusts lately. PM me if you don't want it to be made public.
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