NFA Questions

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  • Nabla

    Banned
    BANNED!!!
    Sep 17, 2013
    53
    Baltimore City
    Hi all! I have a few questions regarding NFA in Maryland/general...

    1) Hypothetically, say I have NFA items in my possession, registered to me, and I just found out I will have to move to a very anti-2A state and can't take my NFA items with me. I know one thing you can do is leave your items with a close friend/family in your current state, locked up. Or you can rent a safety deposit box at a bank in MD. BUT, what are my options if I don't wish to do any one of these? I have family in other friendlier states; can I let them keep my NFA items, or do these items need to remain in MD? If not, should I initialize a transfer to a family member for them to hold my items, or is that considered a straw purchase/some kind of law-breaking? Would any of the answers to the above questions change if I have a trust set up in MD with NFA items in it, and some of my beneficiaries are out-of-state?

    2) Hypothetically, say I am awaiting approval of an individual-submitted Form 4, and once again, I receive news that I am moving to a state that does not allow any NFA items. Upon Form 4 approval, can I complete the transfer if I no longer have my MD residence? I would assume not...but then what happens to the NFA item; would it be similar to if your Form 4 comes back disapproved? And if your Form 4 is approved and you still currently hold a residence in MD and can complete the transfer into your name, we would default to the issues raised in Question 1, correct? Would any of this change if I had a trust set up in MD? Would any of the answers to the above questions depend on the nature of the NFA item?

    Thank you for your patience, and any insight would be appreciated. Needless to say, I had been seriously considering taking the plunge into NFA right up until a few days ago when I found out I may have to move out of MD sometime next year! Couldn't have happened at a better time... haha.
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    From the ATF website:

    Q: If an individual is changing his or her State of residence and the individual’s application to transport the NFA firearm cannot be approved because of a prohibition in the new State, what options does a lawful possessor have?
    NFA firearms may be left in a safe deposit box in his or her former State of residence. Also, the firearm could be left or stored in the former State of residence at the house of a friend or relative in a locked room or container to which only the registered owner has a key. The friend or relative should be supplied with a copy of the registration forms and a letter from the owner authorizing storage of the firearm at that location.
     

    Nabla

    Banned
    BANNED!!!
    Sep 17, 2013
    53
    Baltimore City
    Oh, so I guess it's pretty clear that the NFA items must stay in the former state of residence. Would it be any different if I have the items on a trust in MD, or would MD count as the trust's "former state of residence" and subsequently disallow transfer out of state. I suppose this is more of a question of what happens to your trust in MD if you have to move away from MD?
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    Once the Form 4 is approved, you can put in for a change of address and tell the ATF it will be stored in another NFA friendly state with family, lock...etc.

    Bottom line is that you have an expensive item you will need to deal with. I would suggest waiting until you hear if you are moving before starting into the NFA. Just to much of a hassle. Do you really want to fly across country to deal with a gun? What will be the sense in having it if you can't play with it by for a few times a year. Just go rent a MG for a few times for now. Learn what you want and when it settles out, dive in then. You can rent a fair amount of MGs here in MD.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    The OP said he already had the NFA items. So too late to not buy them.
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    If you already have paperwork in process, you will have to return to MD to take receipt of the item.

    You can move your NFA items, with the trust, to any other state where they are not prohibited after filing a form 5320.20 with the BATFE.

    Your trust should be reviewed by a lawyer in whatever new state you will be moving them to ensure it complies with that state's laws, at a minimum you will need to make paperwork updates to your address and schedule A.

    I would leave anything you currently own in MD until all NFA paperwork is approved, then move everything at once if you don't plan on leaving them here for safekeeping.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,538
    Columbia
    You could also have a MD Trust drawn up and put a non-prohibited family member or friend on it so they can legally store your NFA items. They would also legally have access to them.


    Sent from my iPhone using Tapatalk
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    You could also have a MD Trust drawn up and put a non-prohibited family member or friend on it so they can legally store your NFA items. They would also legally have access to them.


    Sent from my iPhone using Tapatalk

    However, if you already have the items (as the OP said), you will have to pay another $200 tax to transfer them from YOU to the TRUST.
     

    Nabla

    Banned
    BANNED!!!
    Sep 17, 2013
    53
    Baltimore City
    Oh wow this blew up! Sorry, I should have been more clear: I posed two, nonexclusive, hypothetical situations (#1 and #2), none of which I'm currently in, at least not for a few years.

    In hypothetical situation #1, I already have NFA items in my possession, but I now must move to an anti-2A state and can't bring my NFA items with me. However, I do NOT wish to keep the NFA items in MD, so I asked what were my options. I believe user rob-cubed answered this question by introducing the BATFE Form 5320.20, which allows NFA transfer and requires "From" and "To" addresses, but no mention that the "To" address has to be a residence of mine. So it's my understanding that I could move my NFA items permanently to a family member in an NFA-friendly state if I move out of MD.

    In the last part of hypothetical situation #1, I asked if anything would be different if I instead had the NFA items in a trust with an out-of-state family member as a beneficiary. According to rbird7282, It sounds like I could do the exact same procedure as above and just report the move of the NFA items. I'll be honest though, I'm not sure how trusts work...when I move out of MD, will my trust still be valid in my new anti-2A state, and my NFA items would just remain with my beneficiary that is in an NFA-friendly state?

    In hypothetical situation #2, I'm still waiting for Form 4 approval and I get a notice that I must move. I admit, I think this situation shows my lack of knowledge when it comes to NFA transfers...but I thought to complete the transfer from the SOT to you upon Form 4 approval, you must still fill out a 4473 or something similar which requires an MD address... However, it sounds like the easiest fix would be to perform a "change of address" as IMBLIZTVT stated, and just put the address of the out-of-state family member in a friendly state (I assume this is the same Form 5320.20?).

    Sorry for these nitpicky, hypothetical questions... I'm trying to learn so that when I do make the plunge into NFA, I'm not so worried about what may happen if I have to move due to work. I appreciate everyone's insight! Many thanks!!
     

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