Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Nov 2009
    Location
    Abington, Pennsylvania
    (Montgomery County)
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    Default Transferring "Individual" Form1 SBR into a trust? Who is the maker?

    I want to transfer my individual registered Form1 SBR into my trust via a Form4.

    When filling out the Form 5320.23, am I the "Maker, Manufacturer and/or Importer of the Firearm" or is it the original manufacturer which would be Stag Arms New Britain, CT??

    My understanding is that since I form 1'd this SBR as an individual, I should put my personal information as the manufacturer? Am I correct in this regard? And the additional description should be the "Stag Arms" info?

    I have thought it through and do not want it to be a hassle for the wife. She wants it done more than I do, and I have no issue paying the $200 to simplify the whole process for her in the event of my death. She has very little understanding of the ATF paperwork involved. We will also have a change of address so it will also update with a new address. In other words, I am not interested in why I shouldn't do it or just have her file a F3 down the road etc etc. I have most of my NFA stuff under my trust and want the only NFA item not on my trust, to be included.
    Last edited by FJR86; January 17th, 2017 at 10:38 PM.

  2. #2
    Join Date
    Feb 2013
    Location
    West Alexander, Pennsylvania
    (Washington County)
    Posts
    1,602
    Rep Power
    21474849

    Default Re: Transferring "Individual" Form1 SBR into a trust? Who is the maker?

    Once your Form 1 was approved, you are now the manufacturer of that firearm. Whatever you put on the Form 1 is what you put on the Form 4. Stag Arms has nothing to do with this firearm in the eyes of the ATF. I'm assuming you had the SBR engraved with your name, city, state to finish the Form 1 process.

    As to why you are doing it, makes sense to me.... but if you didn't do this Form 4 transfer, when you pass your wife would qualify for a free Form 5 transfer if she's listed as a heir to your estate.
    Washington County Machine Guns & Tactical Range -- CMP Affiliated Club -- FFL 07 / FFL 10 / FEL 20 / SOT 02 / ITAR
    Largest MG Rental Business on the entire East Coast. M2HB, M9 Flamethrower, M67 Grenades, M240 Bravo, M249 SAW, M1919, RPD, M60, Bowling Ball Mortar.
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  3. #3
    Join Date
    Nov 2009
    Location
    Abington, Pennsylvania
    (Montgomery County)
    Posts
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    Rep Power
    24942

    Default Re: Transferring "Individual" Form1 SBR into a trust? Who is the maker?

    Thanks WCMG, that is what I figured. I just needed that reassurance before I fill everything out since this is my first time filling out NFA paperwork since the change last year.

    I am aware of the F5 route in the event of my death, but again, my wife is very unfamiliar with the processes and paperwork involved. I don't want her to forget about the SBR and have a registered SBR without proper ownership.

    Another question though. I am aware we have to notify the local PD of the transfer/acquisition now of NFA items. On the F4, it reads like I have to notify the local PD. When I am reading the Form5320, I am reading it as the NFA will mail a copy to the local PD. What is the proper procedure?

  4. #4
    Join Date
    Feb 2013
    Location
    West Alexander, Pennsylvania
    (Washington County)
    Posts
    1,602
    Rep Power
    21474849

    Default Re: Transferring "Individual" Form1 SBR into a trust? Who is the maker?

    It's your responsibility to send a copy of the Form 4 to your CLEO, we use the county Sheriff. If you notice, the Form 4 comes with 3 copies of the form, the one the CLEO gets the area for payment info and photograph grayed out. Plus don't forget to fill out the Responsible Person Questionnaire form for each person on the trust which requires fingerprints and photographs of each person, and mail the 2nd copy to their CLEO.
    Washington County Machine Guns & Tactical Range -- CMP Affiliated Club -- FFL 07 / FFL 10 / FEL 20 / SOT 02 / ITAR
    Largest MG Rental Business on the entire East Coast. M2HB, M9 Flamethrower, M67 Grenades, M240 Bravo, M249 SAW, M1919, RPD, M60, Bowling Ball Mortar.
    Now offering High-Explosive Classes (Open to the Public)

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