Form 1 question

G

genosan83

Inactive
I am considering doing an SBR on one of my AR's and I'm a bit confused. Do I need to go through a dealer since I already have my lower or can I just fill it out and send it myself? Also, I already have an NFA trust, how do I add another item to it?
 
Form-1 yourself....engrave the lower AFTER the form-1 comes back with a stamp on it.

File it in the name of your trust and include a copy of the trust docs showing the other NFA item owned by the trust.
 
If your going to send it out to have the engraving done on the lower by someone, do it before you get your form 1 paper work back!! Do not wait till you get your paper work and then try and do it. You then have to fill out and send in a form 5 (I think)to the ATF to transfer it to the dealer doing the engraving, and that will take just as long to get the approval to send it out.
 
Timing the engraving....

Does it really matter if you do it first or after the form 1 comes back? It doesn't break any laws to have your firearm engraved. Even if you don't add it to your trust, LLC, etc, you can still just get it engraved.

I guess my question is what's the difference if you do it before or after you get your Form 1 back?:confused:
 
Pre or post form 1 approval is the difference between leaving an item in the NFA registry with someone, a big no no, or leaving/shipping out a regular title I firearm to be engraved. If you were to ship it to a person or even just leave it with them you would have to file a form 5 from my understanding of the NFA rules.

In response to GE-Minigun, if you are present for the gunsmith work you do not need to file a form 5, BUT if you are gonna leave the item with the person, relinquishing control of a title II firearm, you would need to file the form 5.

edit: from wikipedia

In a number of situations, an NFA item may be transferred without a transfer tax. These include sales to government agencies, temporary transfers of an NFA firearm to a gunsmith for repairs, and transfer of an NFA firearm to a lawful heir after the death of its owner. A permanent transfer, even if tax-free, must be approved by the ATF. The proper form should be submitted to ATF before the transfer occurs. For example, lawful heirs must submit a Form 5 and wait for approval before taking possession of any NFA item willed to them. Temporary transfers, such as those to a gunsmith or to the original manufacturer for repair, are not subject to ATF approval since they are not legally considered transfers. The ATF does, however, recommend filing tax-free transfer paperwork on all such temporary transfers, to confer an extra layer of legal protection on both the owner and the gunsmith.
Click to expand...

This is my understanding of NFA rules, if you want a definitive answer, find a good NFA lawer and ask them.
 
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There's no law against engraving whatever you want on your rifles (as long as you don't remove the existing markings), so you should engrave it before you turn it into the SBR.

A Form 5 is not required to get an NFA item "repaired" by an SOT.
 
There is a form that has to filled out to send an NFA item for work or transport? I am not sure what the # is. When I took my NFA gun to the machine gun shoot I had to fill out a form #? to let NFA know where it was and dates it would be there. Took, back then about 45 days for the approval. You would have to fill this forum out to send the lower out for engraving once you get your form 1 back.. This is why you do it before the form 1 is approved.
 
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