Potential Issues With NFA Item Ownership on Active Duty

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Joined: Sun Jun 05, 2011 1:50 pm
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Potential Issues With NFA Item Ownership on Active Duty

Post by LinuxForLife » Sun Jun 05, 2011 2:21 pm

First off, I would like to thank the Silencer Talk community for any help they are able to provide or any questions that they are able to answer. I am currently active duty Army, stationed at Ft. Campbell with the 101st. I have established residency in the state of Tennessee, but currently reside on post. I have been looking at purchasing a suppressor or two when I return from my deployment to Afghanistan, and I'm not entirely sure of the potential issues associated with it.

Since my current address of residence is on Ft. Campbell itself, which is considered by its postal code to be the state of Kentucky, and as previously stated I am a Tennessee resident (with a valid resident CHP), would there be issues when I fill out my Form 4? Secondly, as I am sure many of you here are aware, the potential to get re-assigned to another post is fairly high. Would I be required to update my Form 4 if I am reassigned to another state, or would it remain the same, so long as my Tennessee residency remained valid? Also, one addendum to that thought - if I relocate to housing off post in the Clarksville area, would I also be required to update my Form 4?

Secondly, given my situation, would it be better to fill out my Form 4 as part of a legal trust, or as an individual purchase? I am fairly certain that there are other forum members here who are also active duty and have faced a similar situation with their NFA items.

Again, I appreciate any help in this matter, even if its only so much as to point me to the right people to ask.

FA Gunner
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Re: Potential Issues With NFA Item Ownership on Active Duty

Post by FA Gunner » Tue Jun 07, 2011 12:50 am

I bought two suppressors while I was at Campbell and living on post.

You have two ways you can deal with things. First you will have to use a trust since the likelyhood of getting the Provost Marshall to sign off on the forms is zero. So go with a Trust. Now depending on which route you go will determine if you set it up in Kentucky or TN.

Since your address is KY you can use your PCS orders assigning you to Ft Campbell, KY, and use a KY dealer for the transfer, just like you can use for regular firearms purchases. It doesn't matter what your state of residence is because you are living in KY due to military orders. I went this route for my second can which I also bought while I was in Afghanistan. I had Gun and Knife country just outside gate 5 handle the transfer and had no problems with them. If you go this route set your trust up in KY. THis is the way I would go about it if I were still there.

Or you can use a TN dealer but since your current address is technically a KY address even though you might actually live on the TN side like I was. It is just easier and more straight forward to go with the KY route. If you want more info on the TN route shoot me an email through the site here and it will come to my AKO email.

Unless the regs have changed in the last 18 months, which I doubt you can have the suppressor on post but you will have to register it with the PM office like your other guns. It specifically states that NFA items are allowed as long as they are registered and have the proper BATF docs with it. I have a copy of it on my work computer and can send you a copy of the reg if you want.

You dont have to get approval to move the suppressor between KY and TN but it is good to get the form from the BATF. Your Form 4 wont change, but you send a different form (5320.20) when you move. It will come back approved and show that everything is GTG (anything other than suppressors actually requires that you have the approved form back from the BATF before you move). You will also have to update your trust for the current state you are living in each time you move. Keep your orginal Trust and just get it updated for the new state you PCS to. Keep all your paperwork and you wont have any problems. Oh and dont get assigned to a state where you cant have suppressors in, otherwise you will have to figure out some place to store them. Which is another good reason to use a trust since you can list whomever will keep your stuff as a trustee in the trust and there will be no issues with them having possession of the suppressors.

And dont waste your time talking to the JAG there they are out of the league when it comes to Trusts. THey can do simple wills and POAs but everyone I talked to wouldn't touch the trust thing. I used quicken for both of my trusts. I set a second one up with a shorter name since I was going to Form 1 some SBRs. Anyway, you can get one of the JAG soldiers to notarize your trust but that is about all they can do for you.

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