Form 1 Address to use where maintained

[RobertE]

I live in a motor home. Travel within Florida, often monthly, so my residence address changes frequently. I use a UPS store for all my mail so it gets forwarded to me wherever I happen to be. Attorney I met with suggested I had to amend the address on the form 1 and on my NFA trust for each move. Seeming like a lot of BS work and costs, while at her office we tried to contact NFA who of course is not presently answering calls due to border wall refusal shutdown.

One of my Co-trustees/RPs has permanent residence in Florida, but the suppressor will be with me in the MH at all times.

Anyone out there dealt with this issue? Having no permanent address prevents me from registering to vote. Hopefully, it will not keep me from owning a suppressor too.

[T-Rex]

You're only required to notify the ATF of an interstate transport (form 5320.20) and this applies to only DD's, MG's, SBR's, and SBS's. Silencers can be freely moved from one locale to another, provided they're legally allowed.

[John A.]

ATF told me that they wanted to know the physical location of all NFA items regardless even if it was a move across the hallway to a different apartment number.

Whether that is an over-reach or over-step of atf's part, but that was what I was told and the new F1 instructions even state as much right there in black and white.

I have also been told that suppressors were not required to file paperwork to travel across state lines, provided that it is legal to have them in that state.

This would also seem to be dependent whether you are traveling through a state where they are prohibited.

Here is a copy/paste of the instructions on the form, which you sign when you submit the form.
--------------------

Interstate Movement: If the firearm identified in item 4 is a machinegun, short-barreled rifle, short-barreled shotgun, or destructive device, the registrant may be required by 18 U.S.C. § 922(a)(4) to obtain permission from ATF prior to any transportation in interstate or foreign commerce. ATF Form 5320.20 can be used to request this permission.

Change of Description or Address: The registrant shall notify the NFA Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405, in writing, of any change to the description of the firearm in item 4, or any change to the address of the registrant.

[fishman]

Are you referring to a pending form 1, or an approved one?
Do you have family that would be willing to cohost a trust with you or let you use their address as your legal address?

[RobertE]

Thanks T-Rex and John A for your prompt responses to my question. Not being critical of you guys, but with the differences in your responses, you can see my quandary.

I have a gunsmith former FFL friend out of Phoenix that actually got ATF clearance on the transfer of some firearms. Was during the "Fast and Furious" debacle. For whatever reason, he ended up doing 3 years in Federal pen. When one gets a license from "them" one submits oneself to their rules and penalties.

I am going to try to get written direction from ATF. May be a procedure available like getting a Revenue Ruling from the IRS. In four or five years I may actually have my answer. Until then, like fishman suggested, I will just have to store/maintain the suppressor at a cotrustee's address.

[T-Rex]

Regardless of what the form states (to which John quoted), there is NO legal requirement to file a 5320.20 or notify the ATF for an interstate move of NFA items. Period.

I wish I still had the letter, but this is how I was instructed directly by the ATF. I moved 10 minutes down the road, in the same town.

[John A.]

So did I.

Same zip code even.

Since it was a different address, they didn't care. They told me they wanted the form filled out. The lady at NFA branch said I wasn't supposed to move the guns until after I got the forms back with the dates on them.

I told her as long as I got the forms back in time before I moved would be fine, but that I had no intention of leaving my guns at the old address for the next people that moved into it if I didn't have them back before the move because I had no words that would express the kind of stupid that it would take to do that.

That was the jist of the conversation.

FWIW, I didn't get the approved letters back until several weeks after the move and only reason that I got them when I did was because I had my mail forwarded.

Oh well.

Nobody came and kicked in my door and shot my dog. I took my property with me, despite not having the forms back in time. All's well that ends well I guess.

I've done 3 or 4 stamps since the move, so I have no doubt they could find me if they really wanted to bad enough whether I filled the forms out or not. But they said they wanted to keep the registry current and correct, so ....

I guess unlike the half a million government owned machineguns that they cant' account for

[RobertE]

Now that the Gvt is no longer on furlough, I hesitate to say back to work, I have e-mailed them to hopefully get an answer. I did notice on their web site that what T REX originally stated was correct, at least as far as interstate transport is concerned. See the following from the Gvt ATF website:

Does the registered owner of a destructive device, machine gun, short-barreled shotgun, or short-barreled rifle need authorization to lawfully transport such items interstate?

Yes, unless the registered possessor is a qualified dealer, manufacturer or importer, or a licensed collector transporting only curios or relics. Prior approval must be obtained, even if the move is temporary. Approval is requested by either submitting a letter containing all necessary information, or by submitting ATF Form 5320.20, Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms. This requirement does not apply to the lawful interstate transportation of silencers. Possession of the firearms also must comply with all State and local laws.

[18 U.S.C. 922(a)(4); 27 CFR 478.28] Last Reviewed February 8, 2016

[RobertE]

Fishman. I am inquiring so that I can fill out the form correctly prior to submitting it. Can not properly prepare it until I get a definitive answer. Will update when and if I get a reply from ATF.

[John A.]

Thanks, looking forward to finding out what they tell you.

[fishman]

Fishman. I am inquiring so that I can fill out the form correctly prior to submitting it. Can not properly prepare it until I get a definitive answer. Will update when and if I get a reply from ATF.

I have had an address change during a pending form 1. All I did was call the atf and tell them the new address, they handled the rest.

If you can have a trusted, stationary, family member do a single shot trust and then add you to the trust upon approval, it would simplify things a little.

[RobertE]

I actually got a reply from ATF the same day I sent it.

The reply was not clear enough to guide me to complete the Form 1 regarding the physical address issue, but he said there is no need to use 5320.20 in intrastate transport.

I requested further clarification regarding the maintained address so we will wait and see.

Thanks Fishman. Knowing I can simply contact them with the residence address change pending the Form 1 process is comforting. With the mailing address not changing that should work out fine.

[RobertE]

After going back and forth with them multiple times, I actually got a specific answer to the following question:

The issue on which I am unclear is when I move my motor home from the address listed on the Form 1, (multiple times a year) do I have to make any changes or notifications to ATF regarding the new location where the suppressor is maintained? No. <-ATF answer.

That solves my problem and seems to cover any change of location where a suppressor will be maintained.

If any of you run into this issue and have to defend yourselves, let me know your e-mail and I will forward all my ATF correspondence on this subject. Rather not post the entire mess here.

[John A.]

Thank you for sharing that.

I'd like to have a copy of their answer just to put it in my folder where I keep my original copies of everything. If you don't mind sharing, I'll PM you my email.

[RobertE]

Thank you for sharing that.

I'd like to have a copy of their answer just to put it in my folder where I keep my original copies of everything. If you don't mind sharing, I'll PM you my email.

Sure thing John A. Be good to have another backup out there in case I lose/misplace mine.

Awaiting your PM. If you already PMed me, you will have to instruct me on how to locate it. New to actually using these sites.

[John A.]

I just sent a PM with my email address.

Thank you again.

Oh, to access your PM box, it's toward the left side of the page just under the top where it says silencer talk and modern rifle.