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NFA question. I own a class 3 firearm in Maine but moved to…

NFA question. I own a...
NFA question. I own a class 3 firearm in Maine but moved to California. I was told I have 3 years to deal with the rifle if I temporarily move. It's locked in a box at a friend's house in Maine. But now my move looks more permanent and I'must running out of time. I need to figure out what my options are. Sell it, put it in a trust, transfer it to my son in New Hampshire, or just plain surrender it. The darn thing has become a boat anchor.
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Answered in 6 minutes by:
1/18/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,161
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

The problem even with a gun trust is the crazy CA laws that offend the Second Amendment with regards ***** ***** weapons. So, even though you legally possess it in one state, even in a gun trust from another state, you could not bring it into CA if it is against the CA laws. So, if the class 3 weapon is prohibited in CA, you need to consider selling it or transferring it to your son. I would not surrender it. The big issue is just CA and hopefully you are not stuck there forever and then you could reclaim it or if you use a trust in NH you can let your son hold it until you can escape CA.

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Customer reply replied 4 months ago
Ok, I tried selling it to a friend but he said I had to update my form 4 address. Instruction 2 on my form states I must notify the NBA If the address the rifle is registered at changes. I called the NFA and got an examiner on the phone because I was moving but knew the rifle could not come with me to California. The question I posed to him was how do I do this form in this case. The response was don't put your california address on the form because they would flag it. So I asked if there was a different form that kinda spelled out what I was doing. He said when the act was crafted there were a few holes in it. Sort of unforseen circumstanses. Story short, no updated form yet. I learned from the examiner I could just store it at a friend's house for up to 3 years if he didn't have access to it, ie. Locked in a box. And there it sits. Ultimately the buyer got cold feet and the sale fell apart. I've since learned of a gun store in Maine that buys class 3 rifles. So do you see any issue with having not updated this form or was this buyer over worried.

Thank you for your reply.

I would continue using your ME address until you finish the transaction OR use your son's address in NH if you need to do so. Using CA addresses does cause an issue.

If you can get the gun store in Maine to buy it, that would be the best bet. The alternative is form the Gun Trust in NH, with your son as trustee and transfer the gun to the trust in NH and the trust can retain ownership in NH.

I do not see any issues with the form, because a new form is not available, it is the only one they have and the buyer was overly nervous.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,161
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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