Questions about NFA Trust, Form 1 and building a suppressor.

General silencer discussion. If you want to talk about a specific silenced rifle or pistol, it is best to do that in the rifle or pistol section for that brand.

All NFA laws apply.

Moderators: mpallett, mr fixit, bakerjw, renegade

Post Reply
projo198
New Member
Posts: 8
Joined: Thu Jan 28, 2016 1:34 pm

Questions about NFA Trust, Form 1 and building a suppressor.

Post by projo198 »

Sorry for making my first post here a request for information, however when researching I am repeatedly brought here so I figured I would register.

I am currently a Kansas resident and have an NFA Trust that I have used several times. However I may be moving to Missouri soon, a state that also allows ownership of suppressors. I plan on building a suppressor.

If I don't submit a Form 1 before moving what is the correct way to do so in my new state? I have heard varying responses such as amending my current trust, creating an entirely new trust using either the same name or a different name...

Also how do I legally transfer my existing NFA items to this new state?

Any help would be appreciated, thank you.
User avatar
silencer_kid
Silent But Deadly
Posts: 315
Joined: Wed Jan 15, 2014 8:58 pm

Re: Questions about NFA Trust, Form 1 and building a suppressor.

Post by silencer_kid »

please verify my info, but
if you are planning to move soon then submit form-1 after you move.

vivos trusts are recognized in all 50 states. after you move, you should update your trust info accordingly and then submit the form-1, etc. this seems the best way to avoid any hassles, etc.

"allowing" items just makes it legal, that has nothing to do with administration. if your new state does not require state/local registration of the item then you are free to just bring the items with you. contact your new state's State Police folks, they should be able to tell you.

all that said, you could legally submit the form-1 today that reflects the current status/info of the trust. just make sure any return mail correspondence will make it back to you in new state (USPS change of address, etc).

submitting a form-1 in your new state is the same as it is for your old state, doesnt matter, its a fed doc, etc.

the batf also says:

Code: Select all

6.3.1 State permit or license for possession of an NFA weapon. If the applicant’s state of residence
requires a permit or license for the possession of an NFA weapon before the applicant takes possession,
a certified copy of the license or permit should be submitted with the Form 1 application.
projo198
New Member
Posts: 8
Joined: Thu Jan 28, 2016 1:34 pm

Re: Questions about NFA Trust, Form 1 and building a suppressor.

Post by projo198 »

silencer_kid wrote:please verify my info, but
if you are planning to move soon then submit form-1 after you move.

vivos trusts are recognized in all 50 states. after you move, you should update your trust info accordingly and then submit the form-1, etc. this seems the best way to avoid any hassles, etc.

"allowing" items just makes it legal, that has nothing to do with administration. if your new state does not require state/local registration of the item then you are free to just bring the items with you. contact your new state's State Police folks, they should be able to tell you.

all that said, you could legally submit the form-1 today that reflects the current status/info of the trust. just make sure any return mail correspondence will make it back to you in new state (USPS change of address, etc).

submitting a form-1 in your new state is the same as it is for your old state, doesnt matter, its a fed doc, etc.

the batf also says:

Code: Select all

6.3.1 State permit or license for possession of an NFA weapon. If the applicant’s state of residence
requires a permit or license for the possession of an NFA weapon before the applicant takes possession,
a certified copy of the license or permit should be submitted with the Form 1 application.
Thanks for the info! My wanting to submit this new Form 1 in Missouri is so that I don't have to change anything later, but you don't have to declare suppressors crossing state lines like SBRs so that may work better. Either way though I am submitting my Form 5320.20 today for the SBRs. I also drafted an amendment to my trust last night. I noticed that the word "Kansas" was only mentioned once throughout, so one of the changes I made was switching that to "Missouri". I am also going to have the amendment notarized in the city and county I am moving to.
User avatar
silencer_kid
Silent But Deadly
Posts: 315
Joined: Wed Jan 15, 2014 8:58 pm

Re: Questions about NFA Trust, Form 1 and building a suppressor.

Post by silencer_kid »

does the batf require serial # amendment notifications if you move your trust? i dont believe so. the form-1 is to register the making of a NFA item. once the form-1 lists trust name then the manufacturing of the item can be in whatever state the trust is listed as (whatever the trust data is at time of manufacture, etc).
projo198
New Member
Posts: 8
Joined: Thu Jan 28, 2016 1:34 pm

Re: Questions about NFA Trust, Form 1 and building a suppressor.

Post by projo198 »

silencer_kid wrote:does the batf require serial # amendment notifications if you move your trust? i dont believe so. the form-1 is to register the making of a NFA item. once the form-1 lists trust name then the manufacturing of the item can be in whatever state the trust is listed as (whatever the trust data is at time of manufacture, etc).
Gotcha. When I submit this Form 1 I am also submitting a short change of trust address reflecting Missouri.

I have done this each time I have moved before (within Kansas) but this will be my first time with an out-of-state change.

I have everything wrapped up in E-Forms except the notarized amendment which I will do tonight. Then I just gotta pay and submit.
User avatar
silencer_kid
Silent But Deadly
Posts: 315
Joined: Wed Jan 15, 2014 8:58 pm

Re: Questions about NFA Trust, Form 1 and building a suppressor.

Post by silencer_kid »

form-1 instructions 1.d.Maker --> for box 3b

the trust address i dont think matters, the location of where the item will be primarily located does (according to the form).
you obviously cant keep the item in a po box if your trust address is a po box.
projo198
New Member
Posts: 8
Joined: Thu Jan 28, 2016 1:34 pm

Re: Questions about NFA Trust, Form 1 and building a suppressor.

Post by projo198 »

silencer_kid wrote:form-1 instructions 1.d.Maker --> for box 3b

the trust address i dont think matters, the location of where the item will be primarily located does (according to the form).
you obviously cant keep the item in a po box if your trust address is a po box.
I'm not sure what you are saying. I entered my new Missouri address on the Form 1 as well as submitting an address change for the Declaration of Trust. This puts everything (physical and for mail purposes) at my new physical address.
User avatar
silencer_kid
Silent But Deadly
Posts: 315
Joined: Wed Jan 15, 2014 8:58 pm

Re: Questions about NFA Trust, Form 1 and building a suppressor.

Post by silencer_kid »

projo198 wrote:
I'm not sure what you are saying. I entered my new Missouri address on the Form 1 as well as submitting an address change for the Declaration of Trust. This puts everything (physical and for mail purposes) at my new physical address.
in essence, form-1 is asking for address where the item is primarily kept, just like insurance companies ask about your vehicle when you insure them, etc.
Post Reply