What happens if you move while your NFA item is in jail?

[Bret]

A friend will be moving a few miles down the road in a few months and has a SBR coming in to his NFA dealer in a few days. The SBR will arrive before he moves but given the amount of time it's taking to approve Form 4's, he'll almost certainly be moved by the time his dealer gets the stamp. It's within the same county if that matters. So what does one do in a situation like this?

[SteveL]

As long as he doesn't move out of the state it shouldn't be a big deal. At the shop where I work we run into this quite often. We always advise the customer to immediately submit a 5320.20 advising of the change of address upon taking possession of their NFA item.

[Alex V]

I moved cities and counties but within the same state while two cans were in NFA Jail.

No big deal...

[markm]

I moved cities and counties but within the same state while two cans were in NFA Jail.

No big deal...

Yeah. They don't deliver the item to the house. ??

[Bret]

Right, but the Form 4 will have one address and the 4473 that he fills out when he picks it up will have another. The ATF is big in to tripping people up on violations of their regulations. He just wants to make sure this isn't one of them.

[MegademiC]

Right, but the Form 4 will have one address and the 4473 that he fills out when he picks it up will have another. The ATF is big in to tripping people up on violations of their regulations. He just wants to make sure this isn't one of them.

Depends on when he updates his license, right?

[Bret]

Depends on when he updates his license, right?

He's not going to lie and say he currently lives at an address that he doesn't. I'm pretty sure that's a felony.

[SteveL]

Y'all are making this way too hard. Your current, complete, correct address goes on the 4473, as required by law. Take your silencer home, and submit a 5320.20 notifying the ATF of the change of address. You'll get a signed, approved copy in the mail in about two weeks. Keep a copy with your original Form 4.

[kerplode]

Yeah, it's all smooth and easy and 5320.20s...Unless you move out of state, then it gets complicated.

- If you can keep your old state's ID until the application is approved, then you can more or less proceed as above (drive back to the dealer, take possession, update with a 5320.20 when you get home)
- If you can't keep your old state's ID, then you can attempt to contact the ATF and update, but the most likely outcome is that you will have to cancel the application in progress and resubmit a new one in your new state of residence. This may involve additional Form 3 transfers and other bullshittery depending on what you're getting and how nice your old dealer was.
- If you move to a state that is not NFA friendly, then you're screwed and the only option is to cancel the application and try to get a refund of anything you paid to your old dealer toward the item.

[SteveL]

Yeah, it's all smooth and easy and 5320.20s...Unless you move out of state, then it gets complicated.

- If you can keep your old state's ID until the application is approved, then you can more or less proceed as above (drive back to the dealer, take possession, update with a 5320.20 when you get home)
- If you can't keep your old state's ID, then you can attempt to contact the ATF and update, but the most likely outcome is that you will have to cancel the application in progress and resubmit a new one in your new state of residence. This may involve additional Form 3 transfers and other bullshittery depending on what you're getting and how nice your old dealer was.
- If you move to a state that is not NFA friendly, then you're screwed and the only option is to cancel the application and try to get a refund of anything you paid to your old dealer toward the item.

The 1st scenario you listed is a federal crime. If you move out of state while you're waiting you're pretty well screwed. The 2nd and 3rd scenarios are spot on, depending on the state you move to.