What do you do if Moving to a different state with NFA Items


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NativePride
August 2, 2014, 06:17 PM
Ok wife and I was talking today. I am getting ready to register a SBR here in Texas through my Trust I setup. She mentioned what if we decide to move to another state some point in the next couple years. Specifically she mentioned Alabama. How can I take all my NFA items across state lines so I can have those remain in my trust but in my new state. Has anyone faced this issue.

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Sam1911
August 2, 2014, 06:25 PM
File the form 5320.20 for each one before you move.

Arizona_Mike
August 4, 2014, 02:23 AM
Lots of people. I beleive there is one state out east where you can not aquire new NFA weapons on an out of state trust but you are fine with existing ones if allowed in the state you are moving to. Fill out a 5320.20 and indicate a perminant move.

Mike

1858
August 4, 2014, 07:07 PM
I recently sent a 5320.20 form to the ATF to notify them of my permanent change of address (new state) as a courtesy. I don't have any of the firearms (yet) that require permission to move so it was simpler for me. I plan on updating my trust to reflect the new address which simply means replacing some of the pages in the trust with updated versions and having them notarized.

Gtscotty
August 5, 2014, 12:04 AM
You need to submit a 5320.20 before you move on an SBR, but you can submit it as a notification after the fact for a suppressor. When I had my trust drawn up, the lawyer said that only some states have specific requirements that keep you from using a trusts made in other states there. For example, the trust I had drawn up in Wyoming should be fine should I move back to Georgia, Tennessee or Alabama. I would talk to the lawyer that drew your trust up, and see if it is good to go for your new state.

medalguy
August 7, 2014, 01:18 AM
This ^^^ but I would suggest visiting with an attorney in your NEW state before doing anything. He will likely know more about the laws in the new state than the attorney who drew up your original trust documents.

Some states will not require any changes in the documents while others may require some major revisions, just depending on each state's requirements.

Arizona_Mike
August 7, 2014, 11:59 AM
One of the things the ATF does when processing a Form 5320.20 is to check legalities.

Mike

1858
August 7, 2014, 12:44 PM
One of the things the ATF does when processing a Form 5320.20 is to check legalities.

You mean state laws pertaining to the Title II firearms in question? I very much doubt that they'll be checking on state laws pertaining to trusts but Aaron might be able to shed some light on this.

Aaron Baker
August 7, 2014, 08:47 PM
This is general legal information, not specific advice:

Unless you intend to amend your trust to change the state's law which governs the interpretation of your trust, then your trust is good in any state you move to and you only need to worry about the legality of NFA firearm possession in the new state.

As an example, if I draft a trust in Kentucky, but move permanently to Alaska, my trust is still valid there without taking any action. If my trust is ever interpreted by an Alaska court, they will be bound to apply Kentucky law in interpreting it.

Aaron

Jim K
August 7, 2014, 09:38 PM
Note that some states/localities have their own rules on machineguns, short barrel guns and suppressors. That might be a complete ban or a required registration within a certain time after moving into the area. Be sure to check that part, not just Federal law.

Jim

Arizona_Mike
August 8, 2014, 10:05 AM
My understanding is that they do do a simple check of state law (is that category of NFA weapon allowed). I have read that people have had 5320s denied for just that reason.

Mike

1858
August 8, 2014, 12:25 PM
Unless you intend to amend your trust to change the state's law which governs the interpretation of your trust, then your trust is good in any state you move to and you only need to worry about the legality of NFA firearm possession in the new state.

But it would seem odd to submit a Form 4 for a Title II firearm using a trust where the address in Schedule A of the trust doesn't match the address on the Form 4 application. The lawyer in AR that drew up my trust put my address in schedule A. Do the trusts that you make in KY have the address of the grantor in Schedule A of the trust (or anywhere else for that matter)?

Aaron Baker
August 8, 2014, 06:09 PM
The address in my trusts is not in the body of the trust itself. If it was, a trust amendment would be required to change it. Putting it in a separate document, such as the Schedule A, is a good practice. Regardless of the location, it should be updated before submitting a new Form to the ATF. The trust address should match the form.

The point is that the trust can still be governed by the law of the state where it is drafted, even if the address of the trust later changes to a new state. A choice of laws provision is and should be separate from the trust's address.

Aaron

1858
August 8, 2014, 06:27 PM
That's very helpful ... thanks.

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