NFA Trust Change of Address

[Jeff Fox]

New to Texas and from Louisiana. We've been here for 5 months but I've only had driver's license for about a week due to COVID19 delays. I have an NFA Trust that was executed in Louisiana. How difficult is it to change the address on an existing trust?

 

[aloric]

I believe you can amend and have it notarized

 

[GeorgeS]

Check with the person who wrote your trust. It may have been written to be valid in Texas.

 

[baboon]

When you move, regardless of whether you move interstate or intrastate, the ATF wants you to update them regarding the permanent location where your NFA firearms will be stored. The ATF’s change of address form is ATF Form 5320.20, entitled “Application to Transport Interstate or to Temporarily Export Certain National Firearms (NFA) Firearms. If you are moving intrastate (within the same state), you can file the change of address form after you move. However, if you are moving interstate (across state lines), you need a be a little more careful. If the only NFA firearms that your gun trust owns are silencers, you can file your change of address form after you move. However, for any other type of NFA firearm, such as a short-barreled rifle (“SBR”), short-barreled shotgun (“SBS”), fully-automatic weapon (“machinegun”), etc., you must file your change of address form with the ATF before you move. After you receive the approved change of address form back from the ATF in the mail, then you can move these types of NFA firearms across state lines.

 

[Jeff Fox]

All I needed was the ATF From 5320 which is a change of address. The form is supposed to be executed with the ATF prior to the move but we were/are in the middle of COVID19 ops. The ATF was very helpful and understanding in that regard. They even contacted me once they got the form, recommended a change, and had me resubmit a scanned document. Great folks over there! Be careful that you identify the 'trust' on the 5320 as the entity that has the change of address. Thanks everyone.

 

[GeorgeS]

So, if you make an SBR, SBS, or AOW via a Form 1, you can engrave it with Louisiana trust name and 'Huntsville, TX'?

 

[Jeff Fox]

So, if you make an SBR, SBS, or AOW via a Form 1, you can engrave it with Louisiana trust name and 'Huntsville, TX'?

The Trust is the Trust irrespective of where it is executed. You engrave the Trust name/entity into a SBR build and it becomes part of the Trust's inventory. Unless you incorporate a location into the name of the trust, you would not need to include a location engraving. Hope that makes sense. I am not a lawyer.

 

[GeorgeS]

Jeff,

You might want to check that. If you make an SBR from an existing firearm, section 2(k)(7) on the back of the Form 1 says, "Markings: The maker is required to mark the firearm with the Maker's names2, city, and state as shown in 3b."

If made, under a trust, you must engrave the name of the trust and its location.

 

[baboon]

If you form 1 your name is engraved. If someone builds it into an NFA item they engrave it.
My MP5K is a 3 stamp gun, SBR by RTDS, registered sear by S&H and the suppressor by KAC.

 

[Jeff Fox]

You're somewhat right: "Location: ...This is the city and state where the NFA firearm was made. - This is the city and state of the trust or legal entity that was supplied on box 3b. of the ATF 5320.1 paperwork or Screen 2: Applicant portion of the ATF eForm1 paperwork. You can also abbreviate the state using the official two letter state designation..." In my case, the SBR in inventory was made at the location where the trust was originally executed. I don't have to change the engraved location on an SBR that is already built. If I build another, it would be engraved with the trust and location of where it was made, which would be different due to the location change of the trust.

 

[DoubleDuty]

That makes sense. Otherwise you would have NFA items with all kinds of different state markings. My feelings are the NFA should be abolished.