Moving with suppressors

[fq1234]

I've searched the boards but am having trouble coming up with an answer.

I currently own some suppressors and am about to move from one suppressor friendly state to another suppressor friendly state. I filled out and received my approved 5320.20 for my other NFA items but I believe that the 5320.20 is not necessary for the suppressors. Is that correct?

If I don't need to file a 5320.20 with the ATF for the suppressors, what happens if I decide to sell or transfer them someday? Will I be able to transfer them to someone in my new state with my previous address (another state) on my paperwork?

[Bendersquint]

I've searched the boards but am having trouble coming up with an answer.

I currently own some suppressors and am about to move from one suppressor friendly state to another suppressor friendly state. I filled out and received my approved 5320.20 for my other NFA items but I believe that the 5320.20 is not necessary for the suppressors. Is that correct?

If I don't need to file a 5320.20 with the ATF for the suppressors, what happens if I decide to sell or transfer them someday? Will I be able to transfer them to someone in my new state with my previous address (another state) on my paperwork?

Depends who you ask, if its an INTERstate move you are supposed to notify the ATF of your new address so they can keep the registry up to date, though you are NOT required to get pre-approval for cans to move like SBR/SBS/MG/DD.

[lemmethink]

I hope you don't mind if I piggyback on your thread here but I have been searching for an answer to a similar question so this seems appropriate...

I have a can built on a Form 1. I am wanting to take the can to another suppressor friendly state for a short trip to see family. After reading Bendersquint's reply am I correct in thinking I do not need a 5320.20 approved to take my can with me?

Thanks in advance...

[Bendersquint]

I hope you don't mind if I piggyback on your thread here but I have been searching for an answer to a similar question so this seems appropriate...

I have a can built on a Form 1. I am wanting to take the can to another suppressor friendly state for a short trip to see family. After reading Bendersquint's reply am I correct in thinking I do not need a 5320.20 approved to take my can with me?

Thanks in advance...

You are correct. Cans don't need permission slips to cross state lines, neither do AOW's....everything else does though.

[rockman96]

Another piggyback here... if moving to another state (that allows NFA, obviously), do you have to notify the local LEO in the area you are moving to, or just the NFA branch?

[Bendersquint]

Another piggyback here... if moving to another state (that allows NFA, obviously), do you have to notify the local LEO in the area you are moving to, or just the NFA branch?

At a Federal level no but there are some states that require permission slips from State level to have them.

Check the state laws before you do anything.

What state are you talking about?

[fq1234]

So another similar question, regarding cans specifically.

A "what if" situation...

What if one purchased their can with and have it registered to a LLC and then need to move to another state?

It's been stated that no 5320.20 is required for a can when moving permanently from one state to another friendly state.

What additional paperwork, if any, would be required in the situation that the can is owned by a corporation (LLC)?

Would the corp need to register in or expand to the new state? Can the corp just be sold to a new corp or "individual" in the new state?

Very curious. Thanks for any help.

[Bendersquint]

So another similar question, regarding cans specifically.

A "what if" situation...

What if one purchased their can with and have it registered to a LLC and then need to move to another state?

It's been stated that no 5320.20 is required for a can when moving permanently from one state to another friendly state.

What additional paperwork, if any, would be required in the situation that the can is owned by a corporation (LLC)?

Would the corp need to register in or expand to the new state? Can the corp just be sold to a new corp or "individual" in the new state?

Very curious. Thanks for any help.

Your LLC is only valid in the state which it was originally registered as they are independent to each state, if you change states then you must get an LLC in that new state.

Your new LLC will qualify as a taxable transfer since your new LLC's EIN WILL CHANGE, that means it is a NEW entity, and a new transfer from the old EIN to the new EIN.

Another thing to remember is the transaction crossing state lines...(old state/new state) you will have the extra tax of it going to an FFL/SOT in the new state since you can't transfer directly to an individual.entity in the new state. Only FFL/SOT's can cross state lines.

This is WHY its not wise to use an LLC to own NFA.

[johndoe3]

Any corporation becomes valid to operate in a new State when you register with the new State as a foreign corporation. The downside is that you still have to maintain the valid corporate status in your old State (e.g. a yearly corporate filing fee) PLUS pay the annual corporate filing fee in the new State. How do you think corporations operate in all 50 States?

Note: I have personally done this for years, having a Florida corporation and operating in Colorado.

Registering as a foreign corporation is easy, since you can just download the 1-2 page form online in most cases, fill it out and pay a modest fee. In many States you may now bypass the paper form and register directly as a foreign corporation online; and States reduce the fees if you do it online and pay online.

B is right on the downsides of an LLC for NFA stuff, but his advice about having to start a new LLC is absolutely wrong. Some corporations do have new subsidiary corporations in each State, but that is a choice due more to tax purposes and liability considerations. The easiest method remains to file as a foreign corporation in any new State.

For example, if you were coming to Colorado, you could file as a foreign corporation online here... (all this stuff is online now in Colorado and it is very quick and easy to do).
http://www.sos.state.co.us/biz/FileDoc.do

In Colorado, you would pay a one-time fee of $100 to register as a foreign corporation; and then pay an annual $10 fee for the annual periodic report. If you were doing it for Colorado, you could file and pay online in less time than reading about it in a forum.

[rockman96]

Another piggyback here... if moving to another state (that allows NFA, obviously), do you have to notify the local LEO in the area you are moving to, or just the NFA branch?

At a Federal level no but there are some states that require permission slips from State level to have them.

Check the state laws before you do anything.

What state are you talking about?

Actually two possibilities... Missouri and Indiana.

[ToyotaGuru]

There are no state regulations on registering suppressors or any NFA items in Missouri. In fact we are waiting on the governer to sign a bill which will nullify all federal firearm laws including NFA in the state.

[Bendersquint]

In fact we are waiting on the governer to sign a bill which will nullify all federal firearm laws including NFA in the state.

I love it when states do it, its purely symbolic and nothing more.

[cape2]

Newbie adding on to this post..looking to travel to visit family in another NFA OK state..I know you do not need permission like my SBR..what is the deal traveling through a No Go NFA state?Thanks

[Bendersquint]

Newbie adding on to this post..looking to travel to visit family in another NFA OK state..I know you do not need permission like my SBR..what is the deal traveling through a No Go NFA state?Thanks

Locked up in the trunk and no stopping for anything but fuel and food. No lodging.

[rogerme]

In fact we are waiting on the governer to sign a bill which will nullify all federal firearm laws including NFA in the state.

I love it when states do it, its purely symbolic and nothing more.

All the weed farmers in CA, CO and now here in Maine sure seem to be taking advantage of them there state laws...

[whiterussian1974]

In fact we are waiting on the governer to sign a bill which will nullify all federal firearm laws including NFA in the state.

I love it when states do it, its purely symbolic and nothing more.

Arizona tried to have State and Local Police help enforce Federal Laws on Border Security. Justice Dept sued AZ to prevent this and won at Supreme Court.
If Missouri tries local cops for enforcing NFA, then they WILL be convicted. If ATF enforces the law, they will claim Sovereign Immunity under Federal Statutes. Let's not forget JFK sending National Guard to enforce school integration. This strategy could lead to Missouri getting Federal Funding pulled. No money for roads, etc.

[Bendersquint]

This strategy could lead to Missouri getting Federal Funding pulled. No money for roads, etc.

Which will cause local law to enforce NFA laws....as soon as you affect someones wallet they tend to do things they wouldn't previously.

[Pman5KMO]

I hope you don't mind if I piggyback on your thread here but I have been searching for an answer to a similar question so this seems appropriate...

I have a can built on a Form 1. I am wanting to take the can to another suppressor friendly state for a short trip to see family. After reading Bendersquint's reply am I correct in thinking I do not need a 5320.20 approved to take my can with me?

Thanks in advance...

You are correct. Cans don't need permission slips to cross state lines, neither do AOW's....everything else does though.

As long as they are legal in the destination state******

You don't need to, BUT doing so if driving does offer some legal protection if say you have to cross the city-state of Shitcago or some other not gun friendly place....

[Pman5KMO]

Another piggyback here... if moving to another state (that allows NFA, obviously), do you have to notify the local LEO in the area you are moving to, or just the NFA branch?

At a Federal level no but there are some states that require permission slips from State level to have them.

Check the state laws before you do anything.

What state are you talking about?

Actually two possibilities... Missouri and Indiana.

Missouri does not require it... But I know many sheriffs around here and some sheriffs are very gun and NFA friendly. I can get my county sheriff to sign off on my forms anytime in minutes... Also helps that he is my neighbor lol