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When to Assign and Transfer the NFA Firearms into Your Gun Trust

When do you need to assign and transfer your NFA firearms into your gun trust?  The answer to this question depends on which ATF Form you are using and can further depend on which NFA firearm you are applying to manufacturer or purchase.    The rule of thumb is that you are only able to assign and transfer title 1 and title 2 (NFA firearms) into your gun trust if you currently have ownership of the firearms.  Note: Having paid for your NFA firearm doesn't necessarily mean that you have ownership of the NFA firearm.  We will discuss this further below by ATF Form type. 

ATF eForm 1 and ATF Form 1:

  • SBR / SBS / AOW - If you are using the ATF eForm 1 or ATF Form 1 application to make an SBR / SBS and in some cases an AOW, you will be able to assign and transfer the title 1 firearm into your gun trust before or after you have an approved ATF Form 1 tax stamp.  This is true only if the settlor or a co-trustee of the gun trust already owns the lower receiver or title 1 firearm that you are making into an SBR / SBS / AOW. 
  • Silencer : If you are using the ATF eForm 1 or ATF Form 1 application to manufacturer a silencer, then you won't be able to assign and transfer the ATF Form 1 silencer into your gun trust until you have your approved tax stamp back from the ATF and you have manufactured your ATF Form 1 silencer. 

ATF Form 4:

  • All ATF Form 4 NFA Firearms:  All ATF Form 4 NFA firearms will require you have an approved ATF Form 4 tax stamp and to have taken physical possession in order to assign and transfer the NFA firearm into your gun trust.  For the ATF Form 4 NFA firearms, this occurs when you have an approved ATF Form 4 tax stamp and when you have physically taken ownership of the NFA firearm from your SOT dealer.  Even though you may have paid for your ATF Form 4 NFA firearm upfront you still don't technically own that NFA firearm until you have an approved ATF Form 4 tax stamp and you have physically taken ownership of the NFA firearm.  This can be counterintuitive, but there is a chance that your ATF Form 4 application is denied.  In which case you would need to determine why you were denied and take the appropriate actions to reapply or to request a refund for your NFA firearm.

 ATF Form 5: 

  • All ATF Form 5 NFA Firearms:  All ATF Form 5 NFA firearms will require you have an approved ATF Form 5 tax stamp and to have taken physical possession in order to assign and transfer the NFA firearm into your gun trust.  For the ATF Form 5 NFA firearms, this occurs when you have an approved ATF Form 5 tax stamp and when you have physically taken ownership of the NFA firearm from your SOT dealer.  Even though you may have paid for your ATF Form 5 NFA firearm upfront you still don't technically own that NFA firearm until you have an approved ATF Form 5 tax stamp and you have physically taken ownership of the NFA firearm.  This can be counterintuitive, but there is a chance that your ATF Form 5 application is denied.  In which case you would need to determine why you were denied and take the appropriate actions to reapply or to request a refund for your NFA firearm.

 

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