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Old June 14, 2012, 06:06 AM   #1
9ballbilly
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Join Date: May 19, 2008
Location: northeast Florida
Posts: 435
relocating to florida need NFA info please

I'll be moving south to florida this summer (from NY). As I understand it NFA items are allowed there. I would like to have my 870 12ga cut back to 14"bbl after the move to make it easier to carry backpacking and as a HD gun. Could someone who's been through it let me know if my understanding of Florida law is correct and what steps need to be taken? I'm not asking to have all the legwork done for me, just a rough outline of what I'll need to do. Thanks.
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Old June 14, 2012, 08:44 AM   #2
rjrivero
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Pretty easy, really.

When you move, fill out a 5320.1 aka Form 1 and a 5330.20 Certificate of compliance.
There are differences in both filling out the 5320.1 and the supporting documents needed if applying as an individual vs. LLC/TRUST/CORP

Write a check for $200 and send in your "supporting documents" with your check.

Wait. Current approval time is about 6 months, give or take.

When the tax stamp comes back, you take the barrel and cut it down.

Done.
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Old June 15, 2012, 06:59 AM   #3
9ballbilly
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Can someone tell me what "supporting documents" are needed for an individual application? Sorry guys, here in NY no NFA weapons are allowed so I'm completely in the dark about the procedure.
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Old June 15, 2012, 07:24 PM   #4
rjrivero
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I'm not saying this is THE ONLY way to fill them out and get them approved, but this is how I have filled them out for my suppressors, and I've never had them delayed due to paperwork errors. I AM NOT A LAWYER. This is the example of how I filled out my Form 4's. Your Class 3 dealer will no doubt be able to help you through this, but for those who are really itching to go quiet, this is my contribution to the community. For reference, A class 3 dealer is one who has paid the Special Occupational Tax in order to deal Title II or NFA Firearms. Proper terminology is to refer to the firearms themselves as Title II firearms or NFA Firearms. Class III firearms don't exist. Class III is the FFL dealer tax category, NOT a firearm type.

You must first print off a Form 5320.4 commonly called "Form 4".

You can download it HERE.

It's pretty easy to fill out but I promised a tutoral, so here it is:
Form 5320.4
Box 1: Check $200 Box.

Box 2a: Your name, address, City, State, Zip
Box 2b: Your County.

Box 3a: Your Dealer's Name, address, City, State, Zip
Box 3b: Your Dealer's Phone number (Include area code)

Box 3c: Usually left BLANK.
Box 3d: Usually left Blank.

Box 4a: Silencer's Manufacturer's Name, City, St
Box 4b: "Silencer"
box 4c: Caliber of the silencer. No matter if it's NATO, Metric, or Imperial. I have some that don't even have units of measure on them.
Box 4d: Model of silencer (Stamped on the side of the silencer)
Box 4e: "Not Applicable" or "NA"
Box 4f: Overall length of the suppressor itself. If you have a thread adapter or Linear Decoupler or Nielson Device, do not include it in the length of the suppressor. Just the suppressor itself. All of mine are in x.xx inches.
Box 4g: Serial number as it appears on the suppressor. Keep spaces or dashes as they appear on the suppressor.
Box 4h: Leave Blank.

Box 5. If you have no FFL, "NA" in each box. If you do, provide the info here.

Box 6a. EIN of your FFL if you have one. "NA" if you don't.
Box 6b. Class of your FFL if you have one. "NA" If you don't.

Box 7. FFL of your Class 3 dealer.

Box 8. EIN of your Class 3 Dealer.
Box 9. "3 NFA DEALER." (To get a suppressor, you have to go through a class 3 dealer.
Box 10. Signature of your FFL.
Box 11. Printed name of your FFL, and TITLE (i.e. Owner.)
Box 12. Date Mon dd, year (Format the ATF Uses.) Sep 02, 2011 for example
Box 13. a-f Answer each question.
Box 14. a-3 Answer each question.

Box 15: Line 1 Your name as it appears in Box 2a
Box 15: Line 2 "All Legal Purposes"
Box 15 Line 3 Blank.
Box 15 Line 4 Your Signature
Box 15 Line 4 Date (Format ATF uses MON DD, YEAR Sep 02, 2011 for example.

Box 16 your Passport size frontal photo. Attach with a Glue Stick.

Box 17: Line 1 Fill out your name as it appears in Box 2a.

Then your Chief Law enforcement officer needs to sign, date, and provide the address, county, and phone number. You will also need fingerprints done at this time.

You must fill out a form 5330.20 "Certification of Compliance" FOUND HERE. Most of us will fill out Boxes 1,2,3 and sign and date box 7.

Box 1 and 2 are the same as it appears in Box 2a of your Form 4.

You must get Fingerprint Cards FBI Forms FD-258. Can't download these because of the stock of paper they are printed on. Call the ATF and they'll send them to you.

Pitfalls to avoid:
Each Form 4 needs to be filled out on ONE SHEET OF PAPER FRONT AND BACK.

Your Form 4 needs to be mailed in duplicate. TWO COPIES EACH WITH ORIGINAL IN INK SIGNATURES. So fill it out first, then copy, then sign each form. Then each form needs to be signed by your CLEO.

You need to include a check for $200 Made out to the "National Firearms Act Branch, BATFE"

You can make one check out for multiple items.

Mail out checklist:
[ ]1. Form 5320.4 in DUPLICATE (2 forms)
[ ]2. Fingerprint Cards FBI Form FD258 (Two of them.)
[ ]3. Certification of Compliance. Form 5330.20
[ ]4. Check for $200 per item.


Mail them to the address on the top right of the form. It should read:
National Firearms Act Branch Bureau of Alcohol, Tobacco, Firearms and Explosives, P.O. Box 530298 Atlanta, GA 30353-0298

(Some of the older forms still have the Chicago, IL address. DO NOT SEND THESE THERE. You can still use those forms, though.)

Once your check clears, you can call them periodically to get an update on your status. Have your serial number ready. Phone number is: (304) 616-4500

I don't know if I can help any more than this!!
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Old June 16, 2012, 11:33 AM   #5
tobnpr
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Location: Tampa Bay
Posts: 2,955
Q...
I want to build a short-barreled AR with a can...
Since I already have a business corp., from what I've read- isn't this the "easier" route to take, rather than individual ownership?
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Old June 16, 2012, 12:52 PM   #6
rjrivero
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Depends on what you mean by easier. You don't need a CLEO sign off, you don't need a passport photo, you don't need fingerprints. A trust, or LLC, or corp doesn't require any of that stuff.

You just need to fill out the Form 1 (for the SBR) and you need to fill out the Form 4 (if you're transferring a silencer).

So if you have a CLEO who won't sign off, then you can either do a LLC or a Trust. The benefit of a Trust is that it is private. (unless your state requires court filing of a trust.)

The cost for doing a Trust can be up to $600. But it's a one time deal. Forming an LLC would be the charges to do that, plus annual charges if you live in a state that requires that.

I have names for attorneys in Michigan and Ohio who do them, if anyone is interested.

Regards,

RJ
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Old June 16, 2012, 05:24 PM   #7
tobnpr
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Quote:
Depends on what you mean by easier. You don't need a CLEO sign off, you don't need a passport photo, you don't need fingerprints. A trust, or LLC, or corp doesn't require any of that stuff.
Thanks, that's what I thought, and exactly what I meant by "easier". Since the corp. already exists and I'm paying the annual state filing fees anyway...
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Old June 17, 2012, 12:43 AM   #8
rkbanet
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Join Date: April 16, 2012
Posts: 5
Keep in mind that if you let the corp lapse you are in possession of an unregistered NFA weapon that is contraband and can never be registered again. Also if you want to dissolve the corp you must transfer out NFA weapons first. I suggest you just do a trust instead.
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