DOJ open letter to all PA FFLs: background check on individuals receiving suppressors

[GunLawyer001]

No FFL gets in trouble for running a background check as part of a transfer when it wasn't technically required; but you can lose your ticket if you DON'T run it when it WAS required.

If you're not sure, do the check. It's not reasonable for an FFL to examine trust paperwork and try to guess whether the person standing before him was part of the scam where the trustee draws up paperwork to remove that person, files his Form without his name, then tears up the paperwork and pretends it never happened. I don't know who came up with that bit of idiotic advice, but it's not a good tactic, it's fraud on the feds.

If the suppressor transfer is to the guy standing there, then rely on the stamped Form. For anyone else, do the check.

[JoshIronshaft]

Another fun scenario:

Customer is picking up a suppressor with an approved Form 4 in a trust name, so he needs the NICS check. Same customer, at the same time is picking up a pistol so he is getting a PICS check. Can the PICS check be considered good enough or do 2 separate 4473s need to be completed, one with the NICS check and one with the PICS check?

I'm sure the best answer is, play it safe and do both.

[Xringshooter]

Another fun scenario:

Customer is picking up a suppressor with an approved Form 4 in a trust name, so he needs the NICS check. Same customer, at the same time is picking up a pistol so he is getting a PICS check. Can the PICS check be considered good enough or do 2 separate 4473s need to be completed, one with the NICS check and one with the PICS check?

I'm sure the best answer is, play it safe and do both.

Without having talked to the Feds, I would say the PICS check would suffice as it incorporates the NICS also. The feds just say that the person picking up the trust suppressor has to undergo a BGC; you have done that with the PICS for the handgun. If disapproved for the handgun then they would be disapproved for the suppressor.

You can put more than one item on a 4473, nothing says you have to do separate 4473's for an NFA item (although most FFL/SOTs do), so both the handgun and the suppressor on the same form is ok. Or if the FFL does a 4473 for the NFA items and a 4473 for the general firearms (I do, it makes it easier for inspections), then 2 4473's could be done and you would just put the PICS approval number on suppressor 4473 and attach a note as to why (again for ease/explanation during an ATF inspection).

If the PSP allowed the FFL to use PICS for a suppressor, then the NICS check is a moot point, but since the PSP doesn't consider suppressors "firearms" and as such no PA BGC is allowed. But since the feds say a BGC is needed for the person picking up the trust suppressor, an FFL needs to have some way of doing the BGC, thus NICS. However, since you did a BGC for the handgun, the trust suppressor person HAS undergone a BGC so it fulfills the federal requirements.

[Telecomtodd]

Slightly different question. I had been waiting for suppressors to drop from NFA regulatory control, but after Las Vegas I see that's not going to happen any time soon.

I have a NFA trust in another state for a suppressor. It is residing in my adult son's safe (he is also on the trust). After doing my homework I see I would need to file a Form 20 to permanently transfer it to a new state.

So - do I simply file the Form 20 (in duplicate) to the BATFE, await their approval, and then transport it in on my own? No stamp, no FFL? Ultimate destination is an address in MontCo and I'd probably drive there and get it along with my trust and stamp 3-ring binder. And yes, no stops on the way home. Thanks in advance.

[Xringshooter]

Slightly different question. I had been waiting for suppressors to drop from NFA regulatory control, but after Las Vegas I see that's not going to happen any time soon.

I have a NFA trust in another state for a suppressor. It is residing in my adult son's safe (he is also on the trust). After doing my homework I see I would need to file a Form 20 to permanently transfer it to a new state.

So - do I simply file the Form 20 (in duplicate) to the BATFE, await their approval, and then transport it in on my own? No stamp, no FFL? Ultimate destination is an address in MontCo and I'd probably drive there and get it along with my trust and stamp 3-ring binder. And yes, no stops on the way home. Thanks in advance.

To do this you will fill out the ATF Form 5320.20 in duplicate, but mark Block 2 as "NO" . Then attach a letter (in duplicate just to be sure) stating why it it not going back to the original location. On that letter be sure to give the complete description of the device, the location where it will be stored when moved, when it is going to be moved and evidence that the transportation or possession of the device is not inconsistent with the laws at the place of destination (legal to be owned/possessed in that location). You should also tell them how it is going to get to the new location (common carrier, personal transportation, etc) and if by common carrier, who the carrier is. That should take care of everything. When you get the approved .20 back, just keep it and the letter with the original Form 4 in case any questions arise in the future.