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Mispelled Tax Stamp

Discussion in 'NFA Weapon Discussion' started by jbett98, Apr 23, 2014.

  1. jbett98

    jbett98 NW Oregon Bronze Supporter Bronze Supporter

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    What if you received your 2 new suppressor tax stamps, picked up the suppressors and tax stamps from the dealer, take it home and find out the dealer you purchased it from misspelled the word "Family" in the 2a section of the form 4 that you signed and sent off to the ATF.
    The original trust document clearly states "Smith Family Gun Trust"
    The approved form 4 states "Smith Famly Gun Trust"
    What would you do?
     
  2. hyrax222

    hyrax222 Oregon City Member

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    Nothing.
     
    orygun likes this.
  3. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    A simple google search on "misspelling on Form 4" had several hits that suggest you contact the ATF and there is a way to "fix" it. It appears they will send you some simple paperwork to fill out.

    While it is highly unlikely that anything would happen "legally" the item is not yours. Doing nothing would be a VERY poor plan.............
     
    Doc In UPlace likes this.
  4. jbett98

    jbett98 NW Oregon Bronze Supporter Bronze Supporter

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    I have 2 other tax stamps in the pipeline and one of those is for an SBR with the correct trust name engraved on it.
    I really don't want any issues down the road because of a simple error.
    I should have paid a little more attention to the dealers paperwork, and not just my own trust documents.
     
    SarsippiusArk and Nwcid like this.
  5. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    What issues could you possible have?
     
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  6. jbett98

    jbett98 NW Oregon Bronze Supporter Bronze Supporter

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    I just talked to the ATF and they confirmed that it wouldn't be an issue, because it's spelled correctly in the their registry and all of #'s match.
    She did admit that they are overlooking minor mistakes in order to keep up with the high volume.
     
    Doc In UPlace and Nwcid like this.
  7. bluesurf

    bluesurf Portland Active Member

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    Until later and they deem the "minor mistake" is enough reason to take away your item. I wonder if that could happen???
     
  8. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    No, but that nasty little case of paranoia might.
     
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  9. Benny503

    Benny503 Grants Pass Well-Known Member

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    Dont talk just write it down. If I were you I will write a letter to the ATF and telling them what happen. Their respond letter is your proof of contacted them for their mistake. Keep their respond letter just like all your stamps.

    I did moved, i wrote a letter to the ATF and letting them know that all my nfa items moved to the new address. I got their respond letter and made punch of hard copies and also kept some of it online in the emails. I put a copy in a folder with all my NFA copies of stamps where ever the nfa i tem go.
     
  10. bluesurf

    bluesurf Portland Active Member

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    Are you required to notify the ATF every time you move?
     
  11. jbett98

    jbett98 NW Oregon Bronze Supporter Bronze Supporter

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    Yes & No.
    Here is one legal opinion from the interweb.

    I Am Moving In-State

    The good news is that if you are moving in-state then there is no legal requirement that you notify the ATF of your new address. However, up until June of 2013, it was requested that NFA owners send a letter to the ATF when moving in-state so that the NFRTR (registry) could be kept up to date.

    Since June of 2013, the ATF has returned such letters with a note that they are no longer accepting address changes in the form of letters and requesting that those wishing to report a new in-state address submit a Form 5320.20.

    In summary … you have no legal duty to notify the ATF of an in-state change of address. If you wish to do so, you should use a Form 5320.20.

    I Am Moving To A New State

    If you are moving to a new state then the situation is very different. You have some homework to do before you do anything else.

    First, you should have your trust reviewed by an attorney licensed to practice law in the state you are moving to who is familiar with both trust law and the NFA. There are two questions this attorney will need to answer for you:

    1) Does my current trust meet that state’s requirements for a valid trust. If any provision of the trust fails to satisfy the new state’s requirements then this attorney can assist you in modifying the terms of trust accordingly.

    2) Are there any state laws which would either prohibit or restrict the possession of one or more of your NFA items. If so, you have several options.

    • Any joint trustee residing in your current state of residence may store the offending NFA items so long as they retain the status of joint trustee.
    • You may store the offending NFA items in a safe deposit box in your current state of residence.
    • You may store the offending NFA items at the home of a friend or relative in your current state of residence in a locked room or container to which only one of the trustees has the key or combination. If you choose this option then you should provide your friend or relative with a copy of the trust, the registration forms, and a letter from the grantor authorizing storage of the firearm at that location.
    Once these issues are resolved then you need to apply for, and receive, permission from the ATF to transport your NFA items across state lines prior to the move. As mentioned earlier, you do this by submitting a Form 5320.20. Let me say that one more time … you must have an approved Form 20 before you transport any of your NFA items (excepting suppressors and AOWs) across state lines.

    And while suppressors and AOWs technically do not require a Form 20 to cross state lines, I strongly recommend that, in the case of a permanent move, you submit a Form 20 for them in any case so that the NFRTR can be updated to reflect your new state of residence.

    Finally … once you have your approved Form 20(s) in hand then you may move with confidence.
     
  12. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    The ATF does not monitor you or your guns. You pay your tax, you get your gun, you get on with life. The ONLY time any law enforcement official is ever going to contact you or have anything to do with you because of NFA items is if they're involved in a crime.
     
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  13. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

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    Or you want to sell them, or your heirs have to sort out the mess.