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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?

by National Gun Trusts

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.

The firearms may also be transferred under the procedures referred to in Question M15 or abandoned to ATF.  

Question (M15) What are the required transfer procedures for an individual who is not qualified as a manufacturer, importer, or dealer of NFA firearms?

ATF Form 4 (5320.4) must be completed, in duplicate. The trans- feror first completes the face of the form. The transferee completes the transferee's certification on the reverse of the form and must have the "Law Enforcement Certification" completed by the chief law enforcement officer.

The transferee is to place, on each copy of the form, a 2-inch by 2-inch photograph of the transferee taken within the past year (proofs, group photographs or photocopies are unacceptable). The transferee's address must be a street address, not a post office box. If there is no street address, specific directions to the residence must be included.

If State or local law requires a permit or license to purchase, possess, or receive NFA firearms, a copy of the transferee's permit or license must accompany the application. A check or money order for $200 ($5 for transfer of "any other weapon") shall be made payable to ATF by the trans- feror. All signatures on both copies must be in ink.

Fingerprints also must be submitted on FBI Form FD-258, in duplicate. Fingerprints must be taken by a person qualified to do so, and must be clear and classifiable. If wear or damage to the fingertips do not allow clear prints, and if the prints are taken by a law enforcement official, a statement on his or her official letterhead giving the reason why good prints are unobtainable should accompany the fingerprints.

Forward the completed application and appropriate tax payment to the Bureau of ATF, P.O. Box 73201, Chicago, IL 60673.

Transfer of the NFA firearm may be made only upon approval of the ATF Form 4 by the NFA Branch. If the application is approved, the original of the form with the cancelled stamp affixed showing approval will be returned to the applicant. If the tax application is denied, the tax will be refunded.

Upon approval of the ATF Form 4, the transferor should transfer the fire- arm as soon as possible, since the firearm is now registered to the trans- feree.

[26 U.S.C. 5812, 27 CFR 479.84-86] - FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE 2015

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