Question on tax stamp and Silencer and relocation

amlsml · Jun 19, 2019

So I applied for a silencer and received my stamp after 16 months. I have moved in the interim out of state and headed t a state that doesn't allow ownership. I also have the ability to store it legally in a state that allows possession. The shop will complete the transfer to me and I have to fill out the 5023 form for change of permanent location and it is legal to own one in my new state, I just cant possess it there. Since the stamp has already been issued I am unsure of the legality in transfer since I no longer own property in MD. Is there a lawyer you would recommend before i pick it up? How long can it sit in the dealer inventory? I may move back to MD or to a state that allows both possession and ownership?

Thanks

Pinecone · Jun 19, 2019

AFAIK you have to take possession from an FFL in the state you are currently residing.

So if you reside in a state that does not allow them, then you have a problem.

outrider58 · Jun 19, 2019

amlsml said:
So I applied for a silencer and received my stamp after 16 months. I have moved in the interim out of state and headed t a state that doesn't allow ownership. I also have the ability to store it legally in a state that allows possession. The shop will complete the transfer to me and I have to fill out the 5023 form for change of permanent location and it is legal to own one in my new state, I just cant possess it there. Since the stamp has already been issued I am unsure of the legality in transfer since I no longer own property in MD. Is there a lawyer you would recommend before i pick it up? How long can it sit in the dealer inventory? I may move back to MD or to a state that allows both possession and ownership?

Thanks

Establish an NFA trust in the state you will store it in and use that as its established state. Go visit on weekends.

Pinecone · Jun 19, 2019

Suppressors don't need a form 20 to take out of state. So he can take it home (if legal in the state), the issue is the transfer.

If he ordered through MD FFL, I don't think he can pick if up from MD FFL. Unless he has an MD trust. But since the Form 4 seems to be back, if he applied as individual, and now wants it to go to a trust, he has to do a new Form 4.

outrider58 · Jun 19, 2019

Pinecone said:
Suppressors don't need a form 20 to take out of state. So he can take it home (if legal in the state), the issue is the transfer.

If he ordered through MD FFL, I don't think he can pick if up from MD FFL. Unless he has an MD trust. But since the Form 4 seems to be back, if he applied as individual, and now wants it to go to a trust, he has to do a new Form 4.

Protege V went through a similar thing, although his new home state allowed suppressors.

IANAL, I'm pretty sure he will have to have the suppressor transferred to his new "permanent" state through the ATF.

If he first put the piece into a trust, it probably would have made this much easier.

There may be a new Form 3 in his future. If he can have(if legal) the current MD SOT form 3 it to his chosen state, he should be able to take possession of it there. He needs to ask ATF for guidance.

https://www.atf.gov/contact/licensing-and-other-services

protegeV · Jun 19, 2019

OP, did you use a trust?

When I moved I could not pick my suppressor up in MD bc I did not have a valid MD id anymore. I added my dad to the trust and he picked up the suppressor for me. Suppressors are legal here and don't actually require a transfer like an sbr so I brought it home with me. In you case you could do a similar thing with adding a MD resident to your trust and have them keep it there.

amlsml · Jun 20, 2019

I did not apply in a trust, I applied as an individual. thanks

Question on tax stamp and Silencer and relocation

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