Use a trust -- avoid the wait!

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Aaron Baker

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Maybe some of you know this already, but this was shocking news to me!

I just received an eForm Form 1 back approved after only 3 months! By comparison, the NFA branch told me today that paper forms are taking 9 months currently.

Some background: this summer, the ATF added the Form 1 to its eForms system for use by people with trusts. The eForms system has always allowed e-filing by dealers, manufacturers and importers, but the addition of the Form 1 capability for trusts is new. You can only use eForms if you're using a trust because you cannot submit fingerprints, photographs or CLEO signoff by eForms.

Well, I have a paper Form 4 pending for a suppressor that was submitted back in April. It is still pending as of today, and the NFA branch is telling me it's an average 9 month wait currently. But, back in the summer when the eForms system became available, I submitted a Form 1 for a SBS so that I'd have practical experience with the eForms system in order to write up a walkthrough for my clients. I submitted the Form 1 on August 26, and received the approval e-mail today, November 26. Three months!
I spoke to the NFA branch today and they said that eForms was much faster, so I suppose this is something of an "open secret," but I certainly wasn't aware of the shortened wait time. I thought eForms was just saving me the cost of a stamp and allowing me to pay by credit card.

So, if you're wanting to get into the NFA game and have been dreading the wait times, use a trust! Or if you already have a trust but were hesitant to file another Form 1 because of the wait, sign up for the eForms system!

Aaron
 
My understanding is that eforms take the same amount of time as paper forms. A lucky few were chosen to have their forms pushed through early in order to validate the eforms system and that it was working; but apparently that was a temporary thing involving only a small percentage of pending forms.
 
My understanding was that they took the same amount of time as well, Bartholomew. However, when mine was approved today after 3 months, I called the NFA branch and the person who answered the phone indicated that it was normal for eForms to be faster.

Where did you get your information about we "lucky few"? I'm not saying you're wrong, but it would make me sad if it was just me getting lucky once, versus a faster system altogether. I'd like to know who told you that.

Aaron
 
The "lucky few" comment was from somebody who was fortunate enough to get through eforms in a month at AR15.com. Although if you look at the http://www.nfatracker.com/ website, it looks like eForms are getting to pending about 3 months faster than paper forms - and there are at least three people (all e-filers) who had their stamps approved in 3 months.
 
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eForms are definitely faster. Paper F3's are 90 days, eF3's are about 30 days. Paper F2's are about 30 days, eF2's are 2-7 days.

I've only just submitted the first eF4's a few weeks ago so I don't have any personal experience of whether or not they are faster.

Also, if the new rules for trusts eventually get implemented I don't think they would be eligible for eForms any more since you'll need pictures, figerprints, CLEO signoff, etc.
 
I don't get it. A buddy of mine just received an e-copy in 3 months as well.

Question is...don't you need to be in posession of an actual adhesive-backed Tax Stamp and not a digital facsimile? Linky

It's awful easy for those of us who work with digital media to create PDF documents and insert images. If this is the "new norm" then this looks like some pretty shaky ground.
 
it was a batch of people being tested in the eforms. The ATF confirmed that is was a test run to Dave, the owner of Silencer Shop, who is incidentally the largest volume transferer in the state of Texas.
 
I've submitted a question to "Ask the Expert" on eForms, and I hope to get a solid answer from the ATF's NFA branch themselves.

It seems like if they did a "test batch," that it would take less than 3 months. But I have no way of knowing the inner workings of the ATF's NFA processing. I've now heard of three different people who received eForms back within 3 months. I guess that all of those people were part of the random test batch, but I am still hopeful that eForms are quicker.

Aaron
 
I've got paperwork in now for 3 silencers - thought the dealer was going to take a shot at his first attempt at eForms, but he backed out and I don't know why (possibly overloaded with family illness).

I had my trust and all paperwork on a flash drive for him to upload, but that fell through.

BTW - on my trust lawyer's advice, I wrote 3 separate checks - 1 for each silencer, with the silencer serial number on the check. This was recommended so I would know when my checks were cashed - it took them less than a week from the time I mailed my 3 packets in to the time they cashed my check.

I've heard they don't cash your check 'til you're approved?
If so, then the 9 months or so I'm expecting to wait is just to discourage others from buying such items?

Thought about a SBR, but found out since I live in one state and my gun club is just across the state line, I have to additionally fill out a form to transport the darn silencers from my house to the gun club (they tell me they're usually approved for 1 year).

Didn't want to go through all that hassle / time / expense for a SBR, so I just bought a Tavor (arrives Tuesday)!
 
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I've heard they don't cash you check 'til you're approved?
Click to expand...

Nope, they cash the check immediately. If for some reason you were disapproved, they would refund your money. But if you can buy a gun, you'll be approved. The wait is because the paper forms are sitting in towering stacks in the NFA branch--they're overwhelmed with submissions and have a limited number of employees.

Aaron
 
I'm going ahead with the paper version of Form 4 for my 9mm/.300 Blackout suppressor. Will get it off to BATFE early next week.
 
According the e-mail I just received from the ATF in response to my question about eForms wait times, it's a mixture of things that led to a 3 month approval.

First, he acknowledges that they did move the first batch of eForms faster in order to test the system. However, he also says that eForms is designed to reduce the error rates on forms and give the examiners a cleaner form to process. He says they are looking to process eForm 1 and eForm 4 within 6 months, whereas paper forms are currently projected to take 9 to 12 months.

He also indicated that they are trying to reduce processing times, and to that end, they have been adding new examiners.

Aaron
 
When were these application made? I have two submitted on 9/11 and 9/20 that were not even pending as of about a week and a half ago.

Was going to check but the web page is down right now.

Mike
 
There is a possiblity that my E-forms may come back long before my SBSes and SBR from February. I don't have the parts or the time budgeted to build the guns I applied for. I was thinking 15+ months.

That s a good problem to have however :)

Mike
 
Another point of data:
Submitted eForm 5320.4 on September 4, 2013, returned signed today Dec 4, 2013

However like all things .gov, this site seems to go down at least as much as it is up and running. Seems to go down every day at lunch lately, and I just got booted off it again as I was submitting another customer form 4.
 
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